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Thrim 3 - Civil & Criminal Court Procedure
Thrim 3 - Civil & Criminal Court Procedure
1: General Information
Unit Convener
Course Coordinator
1.e Administrative contact details (including name of the Program Assistant location,
telephone and email)
Program Assistant
Jangchub Dema
Email: jangchub_dema@rim.edu.bt
Phone: 02 351013/17922365
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2: Academic Content
The ‘Rule of Law’ is the cornerstone of the justice system. Article 7(1) of the Constitution of
Bhutan mentions the term “due process of law”. By due process of law, it meant substantive due
process and procedural due process. The ‘procedural due process of law’ in this context refers to
the Civil and Criminal Procedure Code (hereinafter referred to as Code) that mandates judicial
and quasi-judicial functionaries to follow the established procedures while administering justice.
This Code is one of the basic procedural laws that every judicial personnel, public prosecutor,
defence lawyer, and any other personnel responsible for enforcement of law, including private
citizen who appears before the Court ought to know the provisions of the Code. Therefore, as a
prospective judge, prosecutor, an advocate, and as a citizen, it is imperative that every law
student knows the provisions of the Code.
The Code is the main legislation for administration of criminal and civil proceedings in Bhutan.
It was enacted in 2001 and amended in 2011. Unlike in other jurisdictions, Bhutan has a single
unified Civil and Criminal Procedure Code consisting of three Parts; Part I provides general
procedures, whereas Part II and Part III deal with civil and criminal procedures respectively.
Besides, the Code also defines powers and roles for different actors involved in the
administration of justice.
In this course, the students are expected to know the basic procedural aspects as to the civil and
criminal cases, and be able to apply when they practice law. They should be in a position to
differentiate between procedural and substantive laws, and be well-versed in interpreting the
provisions of the Code vis-a-vis other laws. Further, they are expected to be familiar with judicial
forms and affidavits.
Outcome ii: Know the difference between Procedural Law and Substantive Law, and also
between Civil and Criminal Procedures;
Outcome iii: Comprehend powers and functions set out for different agencies involved in the
administration of justice;
Outcome iv: Interpret and apply provisions of the Code in real practice; and
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Outcome v: Apply concepts and procedures in the given hypothetical cases and mooting
sessions.
GA 1: Interpretive Skills – Learning to interpret the provisions of the Code and its application.
GA 1: Legal Terminologies – The Code uses different Dzongkha Legal Terminologies that
helps students enhance their drafting, pleading and conveyancing skills required for dispensing
justice.
GA 2: Analytical Skills – Learning through case laws to help them analyse and apply the law.
GA 3: Communication Skills – The ability to present and articulate views, thoughts and ideas
effectively using oral, written, multimedia and nonverbal communication skills in a variety of
forms and contexts.
GA 4: Learning to learn skills - The ability and willingness to pursue and persist in learning
which includes organizing one’s own learning through effective management of time and
information.
Normally, the unit is conducted over a period of 13 weeks (39 sessions). However, during 2021
academic session, the unit will be conducted through intensive mode by covering the 39 sessions
within 8 weeks as given in the unit outline given below. The sessions will comprise of lecture,
case analysis, group discussions and presentations, learning from the efforts of others, problem
based learning, and independent study. Students are expected to do assignments and readings
prior to a particular session. Besides, students shall also enhance their learning through
collaborative effort, online learning and self-study.
The topic coverage and the required readings for each week are given in section 3b. If the
scheduled session falls on a public holiday or for unavoidable reason cannot be conducted as per
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the scheduled academic timetable, the unit convener in discussion with students will reschedule
the session at a convenient time.
3b. Timetable of learning activities (this can be done using the following formats)
Teaching/Training Methodology
Topics (to be covered on each
Day/Sessions (Eg. Lecture session, case study,
day/session)
research study, OJT, etc.)
1. Introduction to the Unit Lecture/Discussion
2. Principles of the Judiciary Chap.1)
Morning 3. Structure of the Courts, (Required whiteboard for
Jurisdictions & Powers (Chap. 2,3, & teaching)
Week 1
4)
4. Registration (Chap.5) Lecture/Discussion
Afternoon 5.Summons (Chap. 6)
6.Discovery (Chap.7)
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4: Unit Resources
The materials are available at the RIM Library in hard copy. Students can browse
www.judiciary.gov.bt, www.nab.gov.bt for soft copy of all the materials including the most
recent amended laws.
5: Assessment
Students will be assessed based on academic essay and a written examination for 2 and half hours
will be conducted at the end of the term. Students must complete ALL assessments and obtain a
minimum of 50% in aggregate as reflected in the Academic Progress Policy to be eligible to pass
the unit. The unit’s final grades/scores will be awarded in term of numerical figure where 100
being the maximum score.
All students shall adhere to the stipulated submission deadline. Assignments submitted after the
deadline shall not be accepted, and it will be considered as not attempted. Students will be made
to do group activities and ask to make group presentations. Absence, with or without formal
approval, shall be construed as not taking part in the assessment.
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5b. Assessment item description including assessment criteria
b.1b Individual Written Assignment: Academic Essay 2000 - 2500 Words: Marking Criteria
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Overall Presentation
Logical structure of the essay at paragraph level and clarity of
expression at sentence level
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Is the essay free from spelling, typographical and grammatical
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errors?
Total 40
There will be a two and half-hour written examination at the end of the Academic Term
containing 60 marks. Students will be given questions on the topics/themes covered during the
course. The written exam will be in the Dzongkha medium. It will contain multiple choice
questions, long answer question and short answer questions at the convenience of the Unit
Convener.
Information about the assignment’s due dates and other additional information on assignments
will be determined at the time of lecture sessions or through email to the trainees.
Assessment Weightage
Academic Essays 40%
Examination 60%
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5f. Identification of the graduate attributes the assessment item addresses
6: Student Responsibility
6a. Workload
Students are expected to work a minimum of 110 hours in addition to the prescribed contact
hours. This would be about the minimum required for standard pass grade. Students aiming to
secure higher grades and those who are not familiar with the subject contents may need to
commit additional time.
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This unit upholds and respects the Equity Policy of the Institute. A student with a disability,
impairment, or medical condition who seeks reasonable adjustment in the teaching and learning
or assessment methods in this unit on the basis of his/her disability may make request to the unit
convener or course convener as soon as practicable after enrolment in the unit so that appropriate
adjustments/arrangements can be made. Any such reasonable adjustments/arrangements must be
agreed in writing between the student and the unit convener and must be in accordance with the
related Institute policy.
6d. Withdrawal
Withdrawal of candidature from this unit will be governed by the Academic Policy and
Regulations of the RIM.
6f. Costs
This course will have RCSC selected graduates and private candidates. RCSC selected graduates
will be funded by Royal Government of Bhutan while the private candidates will have to pay for
the required fee as per the policy of the RIM. Detailed costs of the course can be obtained from
the Registration Services of the RIM.
7: Student Feedback
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Students have opportunity to provide anonymous feedback about the unit. This will be
anonymous feedback which will be administered by the respective program assistant of the
course. Students are requested to give their views as this input will be taken into consideration
for enhancing the curriculum, teaching learning methods in this unit.
Academic Committee of the Institute approves all details related to this unit
This unit outline is based on the Institutes Academic Policy Handbook and its provisions on:
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