UNIT OUTLINE

Department/Centre: Department of Management Development

Name of the course: Post Graduate Diploma in National Law (PGDNL)

Unit Title: Thrim II: Criminal Laws (Penal Code of Bhutan)

This Unit Outline must be read in conjunction with RIM Academic Policy Handbook, which sets out
Institute’s policies and procedures, including information on matters such as plagiarism, grade descriptors,
moderation, feedback and deferred examinations.

1: General Information

1a. Teaching period and year offered: Term 2 (2021)

1b. Credit point value: 10 Credit Points (39 Sessions)
1c. Unit level: Post Graduate Diploma

1d. Name of Unit Convener and Course Coordinator and contact details:

Unit Convener
Kinzang Chedup
Sr. Legal Officer
Bhutan National Legal Institute
Royal Court of Justice, Thimphu.
Email: kchedup@bnli.bt
Phone: 02331628/17598391

Course Coordinator
Rabjam Phuntsho Wangdi
Royal Institute of Management
Email: phuntsho_wangdi @rim.edu.bt
Phone: 77237186

1e. 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

2a. Unit description or syllabus

His Majesty the Fourth Druk Gyalpo consolidated the and strengthened the legal system, institutionalising the
rule of law and democracy. His Majesty has been a firm believer in creating a justice system, which is not
only efficient, but is effective and serves the people of Bhutan. Our laws strengthen our national sovereignty,
promotes domestic peace, tranquillity and promote international peace and security. Among the many
legislative reforms, that was ushered into the country, the enactment of the Bhutan Penal Code is one of them.

From a philosophical perspective, crime originated as result of human indifference towards crime; and people
became lawless and there was an increase in human brutality. As people became nasty, brutish and short, it
engendered animosity, and quarrel due to competition, diffidence and glory. The need for a positive law to
reinforce and correct the wrong doers were necessitated by these situations. Today, criminal law reflects a
vast and expansive subject that has become a discipline of study, providing scholars and academics with a
resource of materials and information. In Bhutan, the Penal Code of Bhutan is the overarching criminal law
legislation for the purpose of the administration of criminal justice in Bhutan.

Therefore, the Penal Code of the Kingdom of Bhutan was enacted in 2004 in keeping with His Majesty’s
vision for enlightened laws to protect the society to “perpetuate good and chaste actions, correct those, who
have gone wrong,” guilty not to escape and innocent not to suffer and secure justice to of our people. The
Penal Code of Bhutan supposes a balance of actions to promote human goodness and correct those who are
wrong to align them with the norms of the society. In this line, the Bhutan Penal Code equates itself as a
divine Code to perpetuate “good actions” that stand to correct the wrong deeds of the people.

The trainees at the Post Graduate Diploma in National Law (PGDNL) has studied criminal law in their law
respective law degrees; at the Royal Institute of Management (RIM), the Course is designed to give an
understanding of Bhutanese Criminal Law, and the administration of Criminal Justice in the country which is
specifically different from other criminal laws practiced in other jurisdictions.

2b. Learning Outcomes

Upon the completion of the course, the participants will be able to understand the Penal Code of
Bhutan and the Bhutanese Criminal Jurisprudence particularly:
i. Understand Bhutanese Criminal Laws and the Origin and Evolution of Bhutanese Criminal
Jurisprudence;
ii. Understand the basic concepts of Bhutanese Criminal Law and evolution of Criminal
Jurisprudence in Bhutan;
iii. Know the basic premises of the Criminal Laws;

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 iv. Apply and interpret the provisions of the Code to prosecute or defend a case of criminal in
nature before the Courts of Law;
v. Able to identify and explain relevant provisions of the Code; and
vi. Able to academically research on the subjects involving criminal laws and criminal
jurisprudence.

2c. Graduate Attributes Developed in the Unit

During the period of study, students shall have the opportunity to practice and develop the following
employment skills:

i. Interpretative Skills: Learn different ways of interpreting the provision of the Code and
to read in line with the laws. (GA1)
ii. Legal Terminologies: The Code uses different penal law legal terms, which is different
from Indian system of criminal laws. (GA1)
iii. Communication Skills: Learning new terms help students to develop their
communication skills for prosecution and defence. (GA3)
iv. Analytical Skills: Use of various Penal Code provisions to analyse a case for either for
prosecution or defence. (GA2)
v. Research and Academic Writing Skills: Develop and use research and academic
writing skills on the subject of criminal laws and criminal jurisprudence. (GA3)

2d. Prerequisites and/or co-requisites

Understanding of the basic concepts, doctrines and principles of laws is the prerequisite of this
course.

3: Delivery of Unit and Timetable

3a. Delivery Mode

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. Sessions will comprise of lectures, presentations, group discussions, problem-based
learning and assignments for analysis and research. Students shall also enhance their learning

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through collaborative work, online learning and self-study on the provisions of the laws and other
important subjects on criminal laws.

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 the scheduled
academic timetable, the unit convener in discussion with students will reschedule the session at a
convenient time.

3b. Timetable of Learning Activities

Sessions/Weeks/ Topic Teaching Methodology

Dates
Week 1 1. Introduction of Bhutanese Criminal Law and (Power Point Presentations
Criminal Justice and other relevant notes on
Note: 2. A system of Bhutanese Criminal Law- Buddhist the subject matter
morning 3 hours, Criminal Law including assignments)
afternoon 2 hours 3. The Emerging Concepts of Criminal Law- In the will be emailed to the
wake of the COVID-19 pandemic. trainees or through the
4. Classification of Crimes and Purpose of Moodle Platform (till the
Punishments Institute officially
5. General Principles of Criminal Law reopens); and will continue
6. Sentencing with normal lectures
7. General Principles of Liability including Participatory
8. General Defences Teaching Methods (after
the Institute formally
reopens).
Week 2 General Principles of Criminal Law
Sentencing --do---
General Principles of Liability
General Defences
Inchoate Crimes
Attempt, Aiding, Abetting, Solicitation and Criminal
Conspiracy
Week 3 Offences against Persons
a) Homicide, Assault, Battery and Related Offences
--do---
Week 4 Offences against Persons
b) Kidnapping and Related Offences and Sexual --do---
Offences
Week 5 Offences against Persons
c) Offence against Infants, Child, Mentally Disabled --do---
and Incompetent Persons
Week 6 Offences against Property --do---
a) Arson and Related Offences
Burglary, Trespass and Related Offences
Offences against Property
b) Larceny, Robbery, Armed Robbery and Related

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 Offences
Week 7 Commercial Fraud, Corruption and Related Offences
Money Laundering and Smuggling
Embezzlement and Bribery
Forgery and Related Offences
Offences against State and Public Order
--do---
a) Treason, Terrorism and Related Offences
Offences against Cultural and Natural Heritages
Offences against State and Public Order
a) Treason, Terrorism and Related Offences
Offences against Cultural and Natural Heritages
Week 8 Offences against State and Public Order
b) Offences Related to Public and Civic Duties
Offences Related to Public Order and Tranquillity
Miscellaneous Offences
--do---
Miscellaneous Offences and Conclusions

3c. Required Reading and Other Materials

All required readings and MS PowerPoint Presentations for each of the sessions will be made
available to the students through program assistant.

4: Unit Resources

4a. Lists of required texts/readings

The main sources of information or authority for this unit are as follows:

1. Criminal laws of other jurisdictions; and

2. The Penal Code of Bhutan, 2004 and its amendments.
3. Other materials as provided

The materials are available at the RIM Library in hard copy. Students can browse
www.judiciary.gov.bt, www.nab.gov.bt or www. oag.gov.bt for soft copy of all the materials
including the most recent amended laws.

4b. Materials and equipment

White board, board markers, projector, and chart papers.

5: Assessment

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5a. Assessment Overview
Students will be assessed based on Academic Research Paper which will be provided as an
assignment during the course. The assignment will be provided with adequate time for research and
analysis. 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 are expected to adhere to the stipulated submission datelines. Assignments submitted
after that period will not be accepted, and all assignments shall be submitted in hard copy. No
assignments shall be accepted after the due date.

Students may be asked to present in their groups for Group Presentations. Absence, with or without
formal approval, shall be construed as not taking part in the assessment.

5b. Assessment item description including assessment criteria

b.1 Academic Research Paper (2000 Words):

Assessment 1: Assignments on different topics of Criminal Laws

b.1a General Guidelines on Assignment

- Assignment must be typed, using single spacing on one side of white A4 paper.
Use Times New Roman font-size 12. Allow uniform margins on all sides of 2 cm.
Pages should be numbered accordingly except the title page.
- Cover page should indicate title of the essay followed by student index number and
date of submission
- Essay should be within the word limit of 2000 words excluding title page,
- All students are expected to adhere to the stipulated submission datelines.
Assignments submitted after that period will not be accepted, and it will be
construed that it was not attempted.
- Plagiarism is a serious academic offence. If there is a clear indication of breach of
academic integrity, the assignment will be dealt as per the Academic Integrity
Policy of the Institute.
- Work must be handed over in hard copy. A copy must be retained and should be
made available on request.

- NB: For the Seminar Paper (Each student will be provided with a separate
guideline to write a Seminar Paper).

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 b.1b. Individual Written Assignment: Academic Essay 2000 Words- Marking Criteria

Assessment areas Marks

Introduction and Topic Discussion
 Concept clarity/adequacy of conceptual descriptions 5
 Adequacy of arguments for or against 5
 Discussion on the subject 4
Literature review
 Comprehensiveness -
 Argument construction – Does the arguments have theoretical base 10
and/or supported by the practical approach of the Courts in Bhutan?

Overall Presentation
 Logical structure of the essay at paragraph level and clarity of
expression at sentence level
 Is the essay free from spelling, typographical and grammatical 6
errors?

Total 30

b.2. Seminar Paper (30)

This is an Individual Written Assignment for the students consisting of 2000 words. This is to
enhance real life academic writing skills of the students and acquaint them on professional academic
writing skills. There will be a Guideline distributed to each student to follow.

Assessment areas Marks

 Document Format
5
 Structuring of the ideas and Presentation of the Contents 10

Literature 10
 Literature Study and Usage of Literature
Conclusion and Outlook 5

Total 30

5c. Assignment Due Dates

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Information about the assignment due dates and other additional information on assignments will be
determined at the time of lecture sessions.

5d. Weighting within the Unit

The weightage given to each of the assessment type is as following:

Assessment Weightage
Academic Research Essays 30%
Seminar Paper 30%
Examination 40%

5e. Identification of the learning outcome/s the assessment item addresses

Assessment Items Learning Outcomes (Refer to 2b for details of outcomes)

Academic Essays 2b, i, ii, iii, iv, v
Seminar Paper 2b i, ii, iii, iv, v
Examination 2b I, ii, iii, iv, v

5f. Identification of the graduate attributes the assessment item addresses

Assessment Items Graduates Attributes (Refer 2c for details of graduate

attributes)
Academic Essays 2c ii, iii, iv, v
Seminar Paper 2c i, ii, iv, v,
Examination 2c i, ii, iv, v,

5g. Special assessment requirements—if any

None

5h. Supplementary assessment criteria

In normal circumstances supplementary assessment will not be entertained in any of the assessments
mentioned in section 5b. Supplementary assessment may be granted in the circumstances pertaining

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to clause 9.1 & 9.2 of the Academic Progress Policy and carried out in accordance with clause 7 of
the Examination Policy of the Institute.

5i. Requirements for Academic Integrity

Students are expected to be well versed with the Academic Integrity Policy of the Institute and any
work/activities or assignment or assessments carried out as part of this unit has to be in line with the
policy, especially clause 4. Failing to uphold the academic integrity in any forms will be dealt in
accordance with the clause 5 of the Academic Integrity Policy of the Institute.

5j. Text-matching software

There is no standard text matching software as such. However, random sample checks will be
carried out of the works submitted. Defaulters will be penalized as per the provisions. Students,
therefore, are advised to firstly make themselves familiar with various referencing systems, links to
which are available in the Library and adhere to the policies and good practices of academic integrity
and assist develop and promote this value.

6: Student Responsibility

6a. Workload

Students are expected to work a minimum of 110 hours in addition to 39 contact hours. This is the
minimum required to secure the pass marks. Students aiming to secure higher grades and those who
are not familiar with the subject contents may need to commit additional time.

6b. Special Needs

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.

6c. Attendance Requirements

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Each session is a critical link in the curriculum and missing a session creates a substantial gap in
learning. Students, therefore, are advised to attend all the sessions. In the worst scenario, one must
have 80% class attendance to be eligible for Term-End Examination. Failing which, one would be
denied entry in the Term-End Examination and consequently have one form of assessments
incomplete which would lead to failure of the unit.

6d. Withdrawal

Withdrawal of candidature from this unit will be governed by the Academic Policy and and
Regulations of the RIM.

6e. Required ICT skills

Students must have internet access. The unit outline, reading materials and lecture presentations will
be uploaded in Institute’s LMS Moodle. All students must be familiar with using LMS Moodle
particularly being able to log in and make relevant use of materials provided there. Besides, students
are also expected to be able to use the Microsoft Office package for their works. Students must also
be able to connect to Institutes electronic Databases (PROQUEST, EMRALD Etc) and look up
relevant materials. Students are encouraged to make use of IT Labs and Wireless Internet access
which is available within the campus.

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.

6g. Work Integrated Learning

Not applicable to this unit

6h. Additional Information

Additional information required for this unit will be delivered through Moodle. Students are advised
to log in and check the weekly instructions in the unit schedule. Further, students are advised to
check RIM Notice Board, respective emails, and announcements in the RIM moodle.

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7: Student Feedback

Students have opportunity to provide feedback about the unit and the unit convener at the end of the
term. Students are requested to be candid about their views as this input will be taken into
consideration for enhancing the curriculum, teaching learning methods in this unit and in developing
technical competencies of the unit convener.

8: Authority of this Unit Outline

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:

 Course and Unit Specifications Policy

 Graduate Attributes Policy
 Academic Progress Policy
 Institutional teaching and learning policy
 Assessment Policy
 Examination Policy
 Credit Policy
 Academic Integrity Policy

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