HIMACHAL PRADESH NATIONAL LAW UNIVERSITY, SHIMLA

SEMESTER IV

B.A./B.B.A. LL.B. PAPER CODE: LLB 402

COURSE TITLE: LAW OF CRIMES - II (CRIMINAL PROCEDURE) CREDITS-04

The Code of Criminal Procedure, 1973 (hereinafter referred as ‘the code’), provides procedure for
the initiating criminal proceeding vis. FIR/Complaint, Investigation of crime, Arrest/Bail, and
framing of Charges. Once charges are framed, trial begins, and finally concludes either in acquittal
or conviction. It further contains procedure for filing appeal etc. The primary objectives of this
course are to: -
(i) To familiarize the students with important issues relating to investigation and trial of
offences (like initiation of criminal cases, powers and duties of police during investigation
of offences, stages of criminal trial, functions, duties, and powers of criminal courts)
(ii) To sensitize the students about critical issues in administration of criminal justice (like
protection of human rights of accused, victims, principles of fair trial)
(iii) To provide basic practical skills for criminal law practice for fresh practitioners (like
execution of bail bonds, compromise deeds in compoundable offences, familiarity with
police report)
(iv) To train students in judgment writing skills

Prescribed Legislation: The Code of Criminal Procedure, 1973

Prescribed Books:
1. Sarkar’s Commentary on the Code of Criminal Procedure, 1973 (4th ed. 2015)
2. K.N. Chandrsekharan Pillai (Rev.), R. V. Kelkar’s Criminal Procedure, (5th ed., 2008)
3. Ratanlal & Dhirajlal’s The Code of Criminal Procedure, (22nd ed, 2017)
4. Basu’s Code of Criminal Procedure, (12th ed, 2016)
5. K.N. Chandrsekharan Pillai (Rev.), R. V. Kelkar’s Lectures on Criminal Procedure, (6th
ed., 2017)
Module-1
Introduction to Criminal Procedure
(10 Lectures)
This module will provide an introduction to Criminal Procedure, brief legislative history,
Constituents of Criminal Justice System vis. Police, Prosecution, Courts and Correctional
System. It will further outline the following: -
a. Types of Criminal Courts
b. Hierarchy, powers and jurisdiction of Criminal Courts
 c. Basic Concepts such as Cognizable and Non-Cognizable offences; Bailable and Non-
bailable offences; Warrant and Summons Cases; Complaint and Complainant
Investigation and Inquiry; Victim.
d. Features of fair trial: Rights of Accused and Victims (Ss.273, 300, 303-304, 313, 316,
317, 319, 321, 327, 406, 409; Articles 20 (1) (3), 22(1), 39A of the Constitution); Rights
of Victims (Ss.357, 357A, 357B, 357C, 372, Proviso); Witness Protection - Delhi High
Court Guidelines for Protection of Vulnerable Witnesses r/w S. 33 of the POCSO Act
Cases:
(1) Zahira Habibulla H. Shiekh v. State of Gujarat,(2004) 4 SCC 158
(2)Mohd. Ajmal Amir Kasab v. State of Maharashtra,(2012) 9 SCC 1
(3) Mohammed Hussain v. State (Govt. of NCT Delhi),(2012) 9 SCC 408
(4) Hardeep Singh v. State of Punjab,(2014) 3 SCC 92
(5) Mehmood Nayyar Azam v. State of Chhattisgarh,(2012) 8 SCC 1 (2012) 9 SCC 1
(6) Mrs. Neelam Katara v. Union of India, ILR (2003) II Del 377

Module-2
Pre-Trail Procedure: I (Initiation of Criminal Proceeding & Investigation)
(13 Lectures)
This Unit module focuses on initiation of proceeding. It primarily will cover
a. Procedure for filing of First Information Report; meaning and contents of FIR; Evidentiary
value of FIR;
Cases:
(1) Lalita Kumari v. Govt. of Uttar Pradesh, 2013 (13) SCALE 559;
(2) State of Orissa v. Sharat Chandra Sahu, (1996) 6 SCC 435;
(3) Madhu Bala v. Suresh Kumar, (1997) 8 SCC 476
(4) Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409
(5) Youth Bar Association v Union of India (2016)

b. Procedure for Investigation; Constitutional as well as procedure safeguards; Collection of

evidence, recording of statements of witnesses; Search & Seizure, Police Report- Final
Report etc.
c. Cognizance & Committal Procedure

Module-3
Pre-Trail Procedure: II (Arrest & Bail)
(12 Lectures)
a. Arrest & Detention; Custody- Police & Judicial custody;
Cases:
(1) D.K.Basu v. State of West Bengal, (1997) 6 SCC 642
(2) State of Haryana v. Dinesh Kumar, (2008) 3SCC 222
(3) Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273

b. Bail- Bailable & Non-bailable; Default Bail; Anticipatory Bail, Interim Bail, Stay on
Arrest; Procedure for Bail; cancellation of Bail & Bail Bond etc.
(1) Moti Ram v. State of M.P., (1978) 4 SCC 47
(2) Gurcharan Singh v. State (Delhi Admn.), (1978) 1 SCC 118
(3) Sanjay Chandra v. Central Bureau of Investigation, (2012) 1 SCC 40
(4) Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
(5) State (Delhi Administration) v. Sanjay Gandhi, (1978) 2 SCC 411
 Module-4
Trial Procedure: Framing of Charges, Trail, Compounding of Offences & Judgment
(12 Lectures)
This module intends to elaborate trial procedure. It contains the following-
a. Framing of Charges; addition and Alternation of Charges; Joinder of Trial.
Mohan Singh v. State of Bihar, (2011)9 SCC 272
Ajay Kumar Parmar v. State of Rajasthan, (2012)9 SCALE 542
b. Withdrawal of Prosecution
c. Procedure for Trail; Session Trail, Trial by Magistrate- Summon & Warrant Trail, (Ss.
2(w) (wa) and (x), 225-226, 230-231, 233-234, 242-244, 251, 260, 262 of the Code),
Trial of Offences against Children and Adjudication of Offences by Children, (S.25 of
the Commissions for Protection of Child Rights Act, 2005)
(Sections l(4), 4-7A of the Juvenile Justice (Care and Protection of Children) Act, 2000
Abdul Karim v. State of Karnataka, (2000) 8 SCC 710
d. Discharge and acquittal
e. Conviction, Hearing on sentence
f. Content of judgments
Ajay Pandit @ Jagdish Dayabhai Patel v. State of Maharahtra,(2012) 8 SCC 43

Module-5
Appeal, Revision & Reference
(10 Lectures)
This module will include appeal procedure including appeal from magistrate court, session court,
special appeal to supreme court. It will further elaborate procedure for Revision- Interlocutory
Order; and Reference.
(1) Ramdeo Chauhan v. Bani Kant Das, (2010)14 SCC 209
(2) Ganesha v. Sharanappa, (2014) 1 SCC 87
(3) Gian Singh v. State of Punjab, (2012) 10 SCC 303
(4) State of M.P. v. Deepak, (2014) 10 SCC 285

Module-6
Miscellaneous
(08 Lectures)
This module contains special provisions such as Plea Bargaining, Special provisions for
Maintenance of Women & Children, the Probation of Offenders Act (Sections 3, 4, 6, and 12); the
Juvenile Justice (Care and Protection of Children) Act, 2000 (Sections. 15-16) etc.
(1) Abdul Qayum v. State of Bihar, AIR 1972 SC 214
(2) M.C.D. v. State of Delhi, (2005) 4 SCC 605
(3) Salil Bali v. Union of India, (2013) 7 SCC 705