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Paper III Comparative Criminal Procedure



Crime is a phenomenon studied by several disciplines from several perspectives and methodologies.
Criminal Procedure is being taught as a compulsory paper at the level of LL.B. today. However, a
much wider perspective is being given through Honors Paper as this is a subject which has
constitutional undertones and jurisprudential importance. A study of comparative criminal procedure
helps students develop an ecumenical approach and broadens their vision. It inspires them renew and
revise their laws to be in tune with developed systems. This paper mainly focuses on Criminal
Procedure in India and Law relating to Evidence. The paper is taught with reference to India.


Organization of Courts and Prosecuting Agencies

 Hierarchy of criminal courts and their jurisdiction.
 Nyay Panchayat in India.
 Organization of prosecuting agencies for prosecuting criminals (Prosecutors and Police).

Pre-Trial Process
 Bringing information about crime incident before the formal system (Police or Magistrate) Ss
154 & 155 and 190 (complaint)
 Investigation of Crime- Ss 157 to 173.
 Roles of the prosecutor and the judicial officer in investigation
 Arrest and questioning of the accused
 The evidentiary value of statements /articles seized/collected by the police
 Rights of Accused and Victim
 Right to Counsel and Legal Aid
 Withdrawal of prosecution

Trial Procedure
 The accusatory system of trial and the inquisitorial system
 Role of the judge, the prosecutor and defense attorney in the trial
 Admissibility and inadmissibility of evidence and Confession, contradictions and
 Identification Parade
 Expert Evidence
 Burden of proof
 Main features of session’s trial, warrant, trial, summons trial and Summary trial
 Appeal of the court in awarding appropriate punishment
 Provision as to Bails and Bail Bonds.
 Plea bargaining.

Correctional Measures
 Institutional correction of the offenders.
 Law relating to probation and parole.
 General comparison - Aftercare services in India.
 The role of the court in correctional programmes in India.
 Provisions relating preventive measure in the Criminal Procedure Code.

Law relating to Evidence
 Relevancy of Facts (Section 5-16).
 Plea of Alibi.
 Examination of Witness.
 Privileged communication