UNIT OUTLINE

Department/Centre: Department of Management Development

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

Unit Title: Thrim 3: Civil and Criminal Court Procedure 2001

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

1: General Information

1a. Teaching Term and Year: 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

Name: Judge Pema Needup

Designation: Director General
Email: pneedup@bnli.bt
Tel No: 02-331630/17604267

Course Coordinator

Rabjam Phuntsho Wangdi

Email: phuntsho_wangdi@rim.edu.bt
Phone: 17596565

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

2a. Unit description or syllabus (A brief description of the unit or syllabus)

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.

2b. Learning outcomes:

On successful completion of the Course, PGDNL graduates should be able to:
Outcome i: Comprehend the basic civil and criminal procedural concepts;

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.

2c. Graduate attributes developed in the unit:

GA 1: Competent and professional in Bhutanese laws and legal system- Knowledgeable in

understanding and application of Bhutanese laws and respect for the established protocols of the
legal system of the country.

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. 

2d. Prerequisites and/or co-requisites

Understanding of the basic concepts, doctrines and principles of procedures 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 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)

Morning 7. Attachment (Chap.10) Lecture/Discussion/Case Study

8. Judicial Process (Chap.11)
Week 2
Afternoon 9. Judicial Process (Chap.11) Lecture/Discussion/Case study
10. Judicial Sale (Chap.14)
11. Contempt (Chap.16) Lecture/Discussion/Case Study
Morning
12. Appeal System (Chap.17)
Week 3
Afternoon 13. Civil Procedure (Chap.18,19 & Lecture/Discussion
20)
14. Pleadings (Chap.21) Lecture/Discussion
Morning 15. Joinder of Parties (Chap.22)
Week 4 16. Default Judgement (Chap.23)

Afternoon 17. Criminal Procedure (Chap. 25-28) Lecture/Discussion

Week 5 Morning 18. Criminal Procedure (Chap. 29-32) Lecture/Discussion

Afternoon 19. Criminal Procedure (Chap.33-35) Lecture/Discussion

Morning 20. Criminal Procedure (Chap. 36-38) Lecture/Discussion

Week 6
Afternoon 21. Criminal Procedure (Chap. 39-41) Lecture/Discussion

Morning 22. Criminal Procedure (Chap.42-43) Lecture/Discussion

Week 7
Afternoon 23. Judicial Forms Discussion

Week 8 Morning Misc. and Conclusion

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4: Unit Resources

4a. Lists of required texts/readings

1. Constitution of the Kingdom of Bhutan 2008
2. Civil and Criminal Procedure Code of Bhutan, 2001 and its 2011 Amendment
3. Judicial Service Act of Bhutan 2007
4. Jabmi Act of the Kingdom of Bhutan 2003 including 2016 amendment
5. Bhutan Penal Code
6. Evidence Act
7. Bench Book
8. Judicial Forms
9. Other relevant laws

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.

4b. Materials and Equipment

White board, board marker, projector, chart paper.

4c. Unit website

The unit materials can be accessed through Institute’s Learning Management System (LMS)
Moodle or alternately from the RIM website.

5: Assessment

5a. Assessment overview (provide details of assessments including examinations/assignments

and other mode of assessment, if any with marks weightage)

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.1 Academic Essays (2000 - 2500 Words)

Assessment 1: Assignments on different topics of the Civil and Criminal Procedure

Code of Bhutan, 2001 (Including 2011 Amendment).

b.1a General guidelines on Assignment

- Assignment must be in English medium or in the convenience of the Unit

Convener
- 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 - 2500 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.

b.1b Individual Written Assignment: Academic Essay 2000 - 2500 Words: Marking Criteria

Assessment Areas Marks

Introduction and Topic Discussion
 Concept clarity/adequacy of conceptual descriptions 10
 Adequacy of arguments for or against 10
 Discussion on which tradition influenced our system the most 4 24
Literature review
 Comprehensiveness 5
 Argument construction – Does the arguments have theoretical base 5
10
and/or supported by the practical approach of the Courts in Bhutan?

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 Overall Presentation
 Logical structure of the essay at paragraph level and clarity of
expression at sentence level
3
 Is the essay free from spelling, typographical and grammatical
3 6
errors?

Total 40

b.2 Term-End Examination (60 Marks)

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.

5c. Assignment due dates

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.

5d. Weighting within the unit - 100 per cent

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

Assessment Weightage
Academic Essays 40%
Examination 60%

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

Assessment Items (eg. Assignments, Learning outcomes addressed (which of the

Examination, etc as detailed under No.5 outcomes highlighted under 2b above will be
above)) addressed by the respective assessment methods)
Academic Essays 2b, i, ii, iii, iv, v

Examination 2b i, ii, iii, iv, v

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

Assessment Items (eg. Assignments, Graduate attributes addressed (which of the

Examination, etc as detailed under No.5 graduate attributes highlighted under 2c above will
above) be addressed by the respective assessment methods)
Academy Essays 2c - Graduate Attributes 1, 2, 3, 4,

Term-end Examination 2c - Graduate Attributes 1, 2, 3, 4,

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 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 to detect plagiarism. 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 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.

6b. Special needs

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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.

6c. Attendance requirements

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
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 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 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 in their Notice Boards for bulletins and news postings.

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.

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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