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CRPC Course Outline Final PDF

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Introduction

The law of Criminal Law is indented to provide a mechanism for the enforcement of criminal
law. Without proper procedural law, the Substantial Criminal law which defines offences and
provides punishments for them would be almost worthless. Thus the law of
Criminal Procedure is meant to be complementary to Criminal Law and has been designated to
ensure the process of its administration. This course will educate students about elaborate
provisions of investigation, inquiry, trial under procedural law as well as other salient provisions
of Criminal procedure code, 1973.

Course outline
Module 1 - Introduction of Law relating to the Criminal Procedure

1.1 Object, Importance and the applicability of the Code of Criminal Procedure, 1973.

1.2 Functionaries under the Code.

1.3 Meaning and classification of offences

1.4 Summons and warrant cases

1.5 Cognizable and non-cognizable offence

1.6 Bailable and non-bailable offence

1.7 Compoundable and non-compoundable cases

1.8 Relevant definitions from s.2 of code

Module 2: Investigation by Police


2.1 Introduction

2.2 Contents and meaning of First Information Report

2.3 Lodging of FIR, Registration, Recourse in case of non-registration of FIR, Effect of


delay in lodging FIR and other incidental matters.
2.4 Difference between investigation of cognizable and non-
cognizable offences

2.5 Search and Seizure

2.6 Arrest of Persons

2.7 Filing of Charge Sheet/Final Report

Module 3 —Preventive actions of Police and Executive Magistrate


3.1 Powers of Police Officers to prevent the commission of cognizable offences

3.2 Power of executive magistrate to issue prohibitory order

3.3 Disputes regarding immovable property where breach of peace is eminent

3.4 Powers regarding public nuisance

Module 4 - Complaint to Magistrates


4.1 Complaint and its contents

4.2 Various courses open to the Magistrate for verifying the allegations made in the
Complaint.

4.3 Enquiry and Investigation Procedure regarding complaint before a Magistrate

Module 5- Conditions Requisite for the initiation of Proceedings and Cognizance


of offences by Court

5.1 Conditions Requisite for the initiation of Proceedings.

5.2 Cognizance of offence

5.3 Limitation on the powers to take cognizance of an offence.

5.4 Scrutiny of the complaint and issue of process.

5.5 Specials summons for petty offences.


5.6 Supply of copies to the accused person.

5.7 Commital proceedings and consolidation of cases.

Module 6 - Charge

6.1 Meaning and content

6.2 Form of charge/charges.

6.3 Joinder of charges

Module 7 - Kind of Trials and Trial Procedure

7.1 General Provisions regarding inquiries trial

7.2 Trial before Court of Session.

7.3 Trial of Warrant cases by Magistrate.

7.4 Trial of Summons Cases by Magistrate.

7.5 Summary Trials

Module 8-Judgment

8.1 Object, meaning and scope

8.2 Contents of Judgment

8.3 In sessions and warrant cases

8.4 In the cases tried by Metropolitan Magistrates

8.5 In summons cases

8.6 Special reasons to be recorded in certain cases


8.7 Sentence, probation & security for keeping peace (overview of Probation of offenders
act)

8.8 Compensation and costs

8.9 Modes of pronouncing Judgments

8.10 Delivery of the copies of Judgments to the accused persons

Module 9 -Appeal, Revision and Reference

9.1 Appeal against conviction

9.2 Appeal against acquittal

9.3 No appeal in certain cases

9.4 Appeal how heard

9.5 Powers of Appellate Courts

9.6 Revision: Scope and extent Interlocutory & Final Orders

9.7 Reference

Module 10 - Other Misc. provisions


10.1 Maintenance.

10.2 Other Misc. Provisions

Module 11 – Juvenile Justice Care and Protection act and Special criminal law
provisions related to prosecution of Children
Case Law:
1. RameshwaraChakravurthy. 1976 Cr. L.J. 334; AIR 1976 SC 392

2. Sunil Batra vs. Delhi Administration, AIR 1978 SC 1675

3. Saroop Kumar vs. State of UP., 1989 Cr.L.J. 1884 (H.P.)

4. Harpal Singh vs. State ofU.P., AIR 1993 SC 2436; 1993 Cr.L.J. 3140

5. D.K.Basu vs State WB..AIR 1997 SC 610

6. State of Haryana vs. Bhajan lal, AIR 1992 SC 604

7. Municipal council, Ratlam vs Vardichand and others, AIR 1980 SC 1622

8. Smt. Tulsa Devi vs Amarnath and others CriLJ 1996 All 1761

9. Anil Saran vs state of Bihar AIR 1986 SC 204

10. K.M. Mathew vs State of Kerala 1992 (1)SCC 217

11. Kehar Singh and others vs state (Delhi admn) AIR 1988 SC 1886

12. Banarasi Das vs. Molumlal, 1986 Cr.L.J. 1154 (P&H)

13. State of UP. vs. Taradtitta, AIR 2000 SC 297

14. Dwarka Prasad Sathpathi vs. Bidyul Dixit. AIR 1959 SC 3348

15. Mohd. Ajmed Khan vs. Shah Banu Begum. 1985 Cr.L.J. 875

16. Malika vs. P. Kalandi, 2000 Cr.L.J. 142 (Mad)

17. State vs. Yashpal Singh Gill, AIR 1984 SC 1503

18. Omprakash vs. State of Haryana, AIR 2006 SC 125

19. Santa Singh vs. Stale of Punjab, AIR 1976 SC 2386


20. Narpal Singh vs. State of Haryana, AIR 1977 SC 1066

21. Atyachar Virodhi Parishad vs. Dalip Nathumal, 1989(1) SCC 715

22. Bachan Singh vs. State of Punjab, AIR 1980 SC 898

23. Shaikh Ishaq vs. State of Bihar, 1995 Cr.L.J. 2682 SC

24. Laloo Prasad vs. Slate of Bihar, 1997 (2) Crimes 498 (Pat.)

25. B S Joshi vs. State ofHaryana, AIR 2003 SC 1386

26. Mohd. Sakil vs. Smt. Sahina Parveen, 1987 Cr.L.J. 1509

& other relevant case laws discussed during course of lecture;

Students are advised to kindly append the same to the above cited case list.
Reading Material

Books

1. P.C. Banerjee, Criminal Trial & Investigation, Orient Publishing


Company, Allahabad, 3rd Ed. 2001

2. R.V. Kclkar, Criminal Procedure Code, Eastern Book Company, Lucknow, 6th
Ed., 2008 Reprinted 2019

3. Ratanlal Dhirajlal, The Code of Criminal Procedure, Wadhwa & Co., Nagpur,
Ed., 2002

4. C.K. Takwani latest edition

Other reading material in the form of articles and internet resources as discussed in class

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