T.P.-law of Crimes Paper III - Criminal Procedure Code II - Jan 2021 - May 2021

Teaching Plan
Law of Crimes – Paper III

(Code of Criminal Procedure Code – II)
Semester VI
Batch 2018-2023
Academic Year (2020-21)
BY
Simon Benjamin (Course In-Charge)
&
Mr. Vikram Singh (Co-Faculty)
Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), Pune
January 2021- May 2021
Teaching Plan for Law of Crimes – Paper III (Code of Criminal Procedure Code – II) Jan 21-May 21 Page 1
1. INTRODUCTION:
In a law degree course, procedural laws lay the foundation stone for strong & better learning of
substantive laws. Substantive laws & procedural laws complement & supplement each other.
Primarily procedural laws in relation to criminal proceedings in India is covered under the Code of
Criminal Procedure, 1973 which is used by the criminal justice system in all kinds of trials for
various offences. In fact, this criminal justice system provides for two procedural laws, one for the
majors/ adults, i.e., the Code of Criminal Procedure and the other is for the minors in conflict with
law/ juveniles, i.e., the Juvenile Justice Act.
This course, Law of Crimes III – Code of Criminal Procedure II, is a continuation of the previous
Semester, Law of Crimes II – Code of Criminal Procedure I. The basic fundamentals of criminal
justice system, i.e., ‘expeditious & effective investigation of criminal cases’, ‘fair trial’, ‘opportunity
of being heard to both, accused and victims’, etc. have already been discussed in the previous
Semester. This Semester will cover topics of judgments rendered in trials, probation, juvenile
delinquency, reforms in criminal procedural laws, appellate jurisdiction i.e. revision, reference and
criminal appeals.
The criminal procedure is not simply an outlining of procedural aspects of investigation, trial etc. but
it creates boundaries for criminal justice system and if the system travels beyond this, it is not only
transgressing the limits of its own procedure but violates Rule of Law, and it ruins concept of justice
itself. With the sole purpose of giving justice, not only to the accused, but also to the accused,
different procedural law is established for juveniles. The idea behind said system is that a juvenile is
considered to be a minor in conflict with law without understanding the consequences of his/ her
actions, hence, he/ she must not be treated the same as an accused.
Further there must be emphasis on processes like plea bargaining and probation. The Code in
consonance with the Constitution of India, prescribes legal aid to the poor and thereby making fair
justice. Apart from initiating criminal proceeding and trial, procedure regarding conducting inquiry,
inquest, interim maintenance, security for keeping good behavior and maintaining peace etc. which
are also prescribed in the Code.
2. LEARNING OBJECTIVES and OUTCOMES
The idea of teaching of criminal procedure is all about giving adequate amount of knowledge and
understanding about the Criminal Procedure Code. This includes understanding procedural requirements
for purpose of handling criminal cases at trials as well as at the appellate stages. The idea behind having
full course on criminal procedure is about dealing with procedure at length and underlining the rights
involved under the procedure, violation of which may result into denial of these very rights of victims or
accused as the case may be which have been guaranteed under the Constitution of India.
A. Objective (Knowledge, Skills and Employability)
The overall objective of this course at this level is to develop the following set of skills in the students
while dealing with criminal cases:
• (Skill) in understanding and application of criminal procedure
• Intellectual (skills) as to development of right based approach in criminal trial and appellate
jurisdiction
• Humanizing criminal trial by invoking procedural (knowledge)
• General communicative (skill) so that the (knowledge) of procedural safeguards may not be only
used but used promptly; and
• (Employability) (skills), through simulated exercises, which is most important in honing a
professional in the legal field.
B. Outcome (Knowledge, Skills and Employability)
The law of crime demands that students have the capacity to demonstrate insight in presenting
materials drawn from a wide and sometimes contradictory range of primary and secondary sources
and doctrinal commentary; and to demonstrate an ability to produce a synthesis of those materials
that offers a personal and informed criticism.
• To acquire (knowledge) of criminal justice system, including inquiry conducted at Juvenile
Justice Board;
• To understand the (knowledge) of constitutional & jurisprudential aspects of juvenile justice
system;
• To demonstrate & apply the (skills) of criminal trials and appellate jurisdiction, including inquiry
at Juvenile Justice Board, in hypothetical situations;
• To construct and design and then develop new interpretation & (knowledge) of legal principles;
• T be able to argue and defend his/ her point in respect of the new outcome on such interpretation
and understanding of criminal procedural law thus enhancing their (employability).
C. Subject Specific Activity
In this Course, the students shall relate to specific aspects of criminal law i.e. judgments rendered in
trials, probation of offenders, juvenile delinquency, reforms in criminal procedural laws, appellate
jurisdiction i.e. revision, reference and criminal appeals.
3. LECTURES
A. Times and Attendance
Three lectures per week have been set aside for this course for each division. Verify it from the Time
Table assigned for each division. One should duly check related notification at ‘Outlook’ as well as
‘Posts’ @Microsoft Teams.
As per Symbiosis International (Deemed University) Regulations, please note, “Students are expected to
attend minimum 75% of all scheduled sessions and other forms of instruction as defined by the
programme of study.”
The student will not be eligible to appear for the examination if he / she fail to put in the required
attendance. The students can update themselves of their attendance daily online in ‘Attendance’
on iCloudEMS Portal at https://siu.icloudems.com/corecampus/index.php
B. Mode of Delivery
This Course will be delivered in Synchronous (80%) and Asynchronous (20%) mode.
Session Plan, Lecture outlines (principally in the form of PowerPoint slides), Hand-outs, reading
material including e-Books, and Articles as applicable in a given case, will be made available in
‘OneNote’ @ Microsoft Team. To facilitate understanding of these lectures, student should always read
at least the relevant pages of suggested readings in advance of each lecture.
C. Notifications
Students are informed that notice/s, if required, with respect Academic- Administration, will be sent,
either by Course in Charge or Officer In Charge, Academic Coordination, using ‘Posts’ @Microsoft
Teams. Students are required to keep themselves duly informed.
D. Lecture Outline
Synchronous Mode
Week / Date Lecture No. Content

Week 1 Lecture 1 Teaching Plan
January 9, 2021
Week 2 Lecture 2 Teaching Plan (contd.)
January 11, 2021 Lecture 3 Topic 1: Judgment
➢ Concept of Judgment
➢ Procedural Aspect of Judgement Writing
Week 3 Lecture 4 Topic 1: Summary Trial –
January 18, 2021 ➢ Post-conviction Order in lieu of Punishment;
➢ Compensation;
➢ Mode of Providing Judgment
Lecture 5 Topic 1: Sentencing
➢ Judicial Discretion in sentencing;
➢ Death sentence;
➢ Case study on judgment;
➢ Cases on compensation,
➢ Sec. 357, CrPC
Week 4 Lecture 6 Topic 4: Probation
January 25, 2021 ➢ meaning & concept
➢ Issues under probation law
Lecture 7 Topic 4: Probation
➢ Jurisprudence of probation
➢ Reformatory school of criminal justice
February 01, 2021 ➢ Criminal behavior & probation
➢ Provisions under criminal procedure code
Lecture 9 Topic 4: Probation
➢ The Judicial Attitude on probation
February 08, 2021
➢ Mechanism of Probation, Standards of Probation Services
➢ Problems and Prospects of Probation and the Suspended
Sentence
Lecture 11 Probation of Offender’s Act, 1954
➢ General Introduction
➢ General definition
Week 7 Lecture 12 Probation of Offender’s Act, 1954
February 15, 2021 ➢ Restrictions on imprisonment of offenders under twenty-
one yrs. of age
➢ Probation officer
➢ Duties of probation officer
➢ Report of probation officer
Week 8 Lecture 14 Probation of Offender’s Act, 1954
February 22, 2021 ➢ Variation of conditions of probation
➢ Procedure in case of offender failing to observe condition
of bond
➢ Provision as to sureties
➢ Removal of disqualification attaching to conviction
➢ Problems in the practical implementation of probation
Week 9 Lecture 16 Topic 5: Reforms in Criminal Procedural Laws
March 01, 2021 ➢ Issues and concept for reforms
➢ Issues like arrears, delay, and fair justice
Lecture 17 Topic 5: Reforms in Criminal Procedural Laws (contd.)
➢ History of reform in criminal justice system in India
➢ Constitutional mandate and criminal justice system
Week 10 Lecture 18 Topic 5: Reforms in Criminal Procedural Laws (contd.)
March 08, 2021 ➢ Police, court and court management, an idea for reform
➢ Human rights, Constitution and fair justice
Lecture 19 Topic 5: Reforms in Criminal Procedural Laws (contd.)
➢ Recommendation Committees and analysis of
Amendments
Week 11 Lecture 20 Topic 5: Reforms in Criminal Procedural Laws (contd.)
March 15, 2021 ➢ Justice, problem of poverty, conflicts between ideological
groups and criminal justice reform
Lecture 21 Topic 3: Juvenile Delinquency
➢ Concept
➢ Nature of Juvenile Delinquency
Week 12 Lecture 22 Topic 3: Juvenile Delinquency
March 22, 2021 ➢ Magnitude of Juvenile delinquency
➢ Comparison between juvenile offence and adult crime
➢ Issues of rehabilitation
➢ Issues in treatment of a juvenile
Week 13 ➢ Juvenile justice system in India - Constitution of India &
March 29, 2021 juvenile justice system in India
➢ Rehabilitation & treatment of juveniles in India
Lecture 25 Topic 3: Juvenile Delinquency - Introduction to J.J. (Care &
Protection) Act, 2015
Lecture 26 Topic 2: Appeal
Week 14
➢ No appeal in Certain Cases (Section 372, 375, 376)
April 05, 2021
➢ The Rationale of Appeals, Review, Revision
The Multiple Range of Appellate Remedies

➢ Supreme Court of India (Section 374, 379, Articles 21,
132, 134, 136)

➢ High Court (Section 374)
Week 15
April 12, 2021
➢ Sessions Court (Section 374)
➢ Special Right to Appeal (Section 380)

➢ Governmental Appeal against Sentencing (Section 377,

378)
➢ Legal Aid in Appeals
Week 16 Lecture 32 Topic 2: Appeal
April 19, 2021
➢ Judicial Power in Disposal of Appeals (Section 368)
➢ Judicial Power in Disposal of Appeals (Section 368)

Lecture 34 Topic 2: Revision
➢ Revisional Jurisdiction (Section 397-405)

Week 17 Lecture 35 Topic 2: Transfer
April 26, 2021
➢ Transfer of Cases (Section 406, 407)
Lecture 36 Topic 2: Reference
➢ Reference to High Court

Lecture 37 Additional class for discussions and to revise topics
Week 18 Lecture 38 Additional class for discussions and to revise topics
May 03, 2021
The following part of the course will be covered via asynchronous mode of teaching, learning, &
evaluation. This part of course will be covered through following three steps:
i. Asynchronous Teaching (15 Minute); followed by,
ii. Learning Resources (Video, further reading) (45 minute); followed by,
iii. Student Involvement Practices (15 minute)
The following steps are to be completed for availing the attendance for a asynchronous lecture:
✓ Watching the video

✓ Referring to the study material
✓ Attempting the student involvement practice
Asynchronous Mode
Week Video No.

Content
Week 3 Video 1 Judgment reading and analysis

January 18, 2021 Video 2 Rights of accused post-conviction
Video 3 Continued practice of Death Penalty
Week 4 Video 4 Rights of victim in justice delivery
Video 5 Compensation
January 25, 2021
Video 6 Constitutional mandate and criminal justice
system
Doubt Clearing Session (Live)
Week 5 Video 7 Reforms to CrPC
Video 8 Plea Bargaining
February 01, 2021
Video 9 Probation v. Admonition
Week 6 Video 10 Juvenile and Child Rights in India
February 08, 2021 Video 11 Juveniles accused of heinous offences
Doubt Clearing Session (Live)
*The schedule will be followed, subject to change/s due to unforeseen/unavoidable circumstances.
4. READING AND MATERIALS
A. Textbook
• BaxiUpendra, Malimath Committee on Reforms of Criminal Justice System: Premise, Politics and
Implications for Human Rights, Amnesty International, India (2003)
• DhewaiRajive Critics on Malimath
• Kelkar R. V. Outlines of Criminal Procedure, Eastern Book Co. Lucknow, (2009)
• KumariVed, Juvenile Justice System in India: From Welfare to Rights-2, Oxford University
Press, New Delhi, (2010)
• PillaiChandrashekaran K. N., Kelkar R. V., Lectures on Criminal Procedure including Probation
and Juvenile Justice, Eastern Book Co., (2006)
• Pillai, K.N.C. &Khanna H.R., Kelkar’s Criminal Procedure, Eastern Book Company, Lucknow
(2011)
• Takwani, C.K. &Thakker, M.C., Criminal Procedure, Lexis Nexis Butterworths Wadhwa, Nagpur
(2011)
• Thakore Dhirajlal Keshavlal, and Ranchhoddas Ratanlal, Criminal Procedure Code, Wadhawa
and Co., 18th edition, (2006)
• Woodroffe John, Asthana K. B., and Mallik S., Commentaries on Code of Criminal Procedure,
Law Publication, 2nd edition, (1973)
B. List of suggested caselaw
• Abdul Qayum v. State of Bihar, AIR 1972 SC 21
• Anil Rai v. State of Bihar, (2001) SCC (CRL)1009
• Ankush Shivaji Gaikwad v. State of Maharashtra, SLP (Crl.) No. 6287 of 2011
• Arnab Ranjan Goswami v. Union of India & Ors., 2020 SCCOnline SC 462
• Arnab Manoranjan Goswami v. The State of Maharashtra & Ors., Criminal Appeal No. 742 of
2020 decided on November 27, 2020
• Arnit Das v. State of Bihar, [(2000) 5 SCC 488]
• Babloo Pasi vs. State of Jharkhand [(2008) 13 SCALE 137]
• Court on its own motion v. State of Punjab; The National Commission for the Protection of Child
Rights (NCPCR) v. The State of Haryana and Ors, Decided on 9th April, 2013
• Hari Ram vs State Of Rajasthan, Criminal Appeal No. 907 of 2009
• Jameel vs. State of Maharashtra, [(2007) 11 SCC 420],
• Kehar Singh V. Regional Employment Offices Chandigarh, AIR 1966 Page 336
• Laxmi v. Union of India, W.P. (Crl.) No. 129 of 2006, judgement delivered on 10th April, 2015
• Manohar Singh v. State of Rajasthan, SLP (Crl.) No. 1491 of 2012, judgement delivered on 16th
January, 2015
• Mohd. Ikram Hussain vs. State of U.P. & Ors. [1964 (5) SCR 86]
• Mukhtiar Singh v. State of Punjab, (1995) 1 SCC 760
• Munney @ Rahat Jan Khan vs. State of U.P., [(2006) 12 SCC 697]
• Naisul Khatun v. State of Assam, Gauhati High Court; 2011 Cri LJ 326
• Phul Singh V. State of Haryana, AIR 1980 SC 249
• Pratap Singh v. State of Jharkhand & Ors., (2005) 3 SCC 551
• Ram Singh v. State of Haryana, (2000) 6 SCC 759
• Ranjit Singh vs. State of Haryana, [(2008) 9 SCC 453]
• Salil Bali v. Union of india, Writ Petition No. 10 of 2013 (SC)
• Sampurna Bahera v. Union of India, decided by S.C. on 9th February, 2018
• Santa Singh v. State of Punjab, (1976) 4 SCC 190
• Sanchu Ray v. State of Assam, (1987) Cr. C.J. 1378
• Sidharth, Etc. v. State Of Bihar, Appeal (crl.) 688 of 2003
• Smt. Deviki v. State of Haryana, AIR 1979 SC 1948
• State of Telangana v. Sri Managipet @ Mangipet Sarveshwar
Reddy, Criminal Appeal No. 1662 of 2019 decided on 06.12.2019
• Suresh & Anr. v. State of Haryana, Cr. Appeal no. 420 of 2012; judgement delivered on 28th
Nov., 2014
• Trikha Ram v. V.K. Seth, AIR 1988 SC 285
• Umesh Chandra v. State of Rajasthan, (1982) 2 SCC 202
• Union of India v. Bakshi Ram, 1990 Cr. LJ 1013
• Uttam Singh v. Delhi Administration, AIR 1972 SC 21
• Vimal Chadha v. Vikas Chaudhary [(2008) 8 SCALE 608]
There is much more to the criminal procedural law than this, and the student will undoubtedly benefit
from undertaking some reading and study of his / her own. It is creditable if a student, in respect of the
proper use of independent research and study, follow up in the Law Library some of the case references,
periodical articles or other material referred to in the prime textbook or in class – or even to do some
research of his / her own. For supplementary reading, student could, for instance, begin by consulting
the relevant sections of the “alternative” texts placed on loan in the law library. Thereafter one could
engage in his / her own research, with particular reference to journals on online databases including SCC
Online, LexisNexis, Manupatra, WestLaw India, HeinOnline, JSTOR, ProQuest, Kluwer Database
(Kluwer Arbitration, Kluwer Patent, and Kluwer Competition), CLAOnline, Ebrary, Emerald &
EBSCO, and offline database including AIR.
5. ASSESSMENT
Law of Crimes III – Code of Criminal Procedure II is a 04 credit course so you will be examined in this
course for 100 marks. In totality, you will be examined in this course by Internal (40%) and External
Assessment (60%) format.
Internal Continuous Evaluation will be conducted for 40 marks, which will include “Two Quizzes – I &
II”; “Tutorial” and a “Project”.
I. First Mode of Internal Continuous Evaluation – Quiz I & II (5+5 = 10 Marks) [Simon Benjamin]
II. Second Mode of Internal Continuous Evaluation - Tutorial (Open Book Examination) (20 marks)
[Mr. Vikram Singh]
III. Third Mode of Internal Continuous Evaluation – Project – (10 marks) [Simon Benjamin]
Term End Examination:
The Symbiosis International (Deemed University) will conduct Term End Examination for 60 marks at
the end of the semester. It consists of Ten objective questions of 2 marks each (20 marks) and 4
subjective-type/cases and open problems/questions (10 Marks each) with an alternative (40 marks).
6. INTERNAL CONTINUOUS EVALUATION: MODE AND SCHEDULE
Each student will have to attempt each of the above assessment modes on all the occasion. The details
pertaining to three internal assessment modes are as follows:
Online Quiz I and II: Each Quiz shall have 5 multiple choice questions of 01 mark each.
There is no negative marking. The duration of the quiz shall be 15 minutes. The Quiz shall be
prepared in the form of the fill in the blanks, true/false, Statement /Code, Paragraph based, Data
Based, Logical Sequence, matching questions relating to the subject. The goal of the tutorial is to
prepare, motivate and help the learners recall/remember what they learned. It aims at judging the
knowledge and Understanding of a learner.
Topic 1:
Judgment analysis, Rights of

accused, Death Penalty, Rights
Online Quiz February 23, 3:00 pm- 3:15
of victim, Compensation &
I 2021 pm
Constitutional mandate in
criminal justice system
Video 1,2,3,4,5,6
Topic 2:
Reforms to CrPC, Plea

Bargaining, Probation &
Online Quiz March 02, 3:00 pm- 3:15
Admonition, Juvenile and Child
II 2021 pm
Rights in India & Juveniles
accused of heinous offences
Video 7,8,9,10,11
A. Tutorial Mode and Schedule:

There will be one tutorial of 20 marks, minimum two questions of 10 marks each. The tutorial will be
“Open Book Test”. It is designed to ensure that the learners practice their ability to reflect and relate
theories and improve their expression style in writing. It is aimed at improving the writing, research,
communication, and presentation skills. It is Open Book Examination i.e. examinees are allowed to
bring and use any material including Books, Articles, Hand Written Notes, Hand Outs and alike
printed material.
Tutorial Date Date of Result Topic
Topic 3: Juvenile
March 16, 2021 March 27, 2021 Delinquency
Topic 4: Probation
B. Project and Schedule:

The Course In-charge will upload Long Term Paper topics as per schedule @ Teams created for
Internal Continuous Evaluation (ICE) division Wise. The long term paper includes analysis of the
topic of Sentencing, critical analysis of criminal justice system in the format- Introduction, empirical
data and comparison with sentencing in foreign jurisdictions, balance of rights of affected parties,
drawbacks, limitations, criticism and suggested changes & Conclusion.
Long Term paper
Assignment Submission Result
January 11, 2021 February 12, 2021 February 23, 2021
GUIDELINES FOR LONG TERM PAPER

i. Introduction (1 Mark), empirical data and comparison with sentencing in foreign jurisdictions (2
Marks), balance of rights of affected parties, (2 Marks), drawbacks, limitations, criticism (2
marks), Suggested Changes (2 marks) and Conclusion (1 Mark)
ii. Please ensure the timely submission of your term paper. Delay of every day shall invite (-2
marks)
iii. As per the anti-plagiarism policy, all projects shall be subject to plagiarism check vide the ‘Turn-
it In’ software. The projects with more than 20% plagiarized content shall be marked ‘zero’.
iv. Submit the Cover Page & Print out of the Turnitin Report itself.
7. Administrative Arrangement:
In the event there are any queries regarding the Law of Crimes – Paper III (Code of Criminal Procedure
Code – II) kindly contact Mr. Simon Benjamin simon@chambersofsimonbenjamin.com or Mr. Vikram
Singh vikram@symlaw.edu.in .
Appendix ‘A’ – Front-Page and Cover
Front page and Cover
Title of the project (centered on two or more lines)

----------------------------------------------------------------------------------
--------------------------------------------------------------
----------------------------------------------------
Submitted by
Name of the candidate
----------------------------------------
Division …. PRN. No…….. Class….. of
Symbiosis Law School, NOIDA

Symbiosis International (Deemed University), PUNE
In
Month, year
Under the guidance of
Name of guide
-----------------------------------
Designation and official address of research guide
-----------------------------------

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Teaching Plan

Law of Crimes – Paper III

Symbiosis Law School, NOIDA

Week / Date Lecture No. Content

The Multiple Range of Appellate Remedies

The Multiple Range of Appellate Remedies

➢ Special Right to Appeal (Section 380)

➢ Governmental Appeal against Sentencing (Section 377,

➢ Judicial Power in Disposal of Appeals (Section 368)

➢ Revisional Jurisdiction (Section 397-405)

➢ Reference to High Court

✓ Watching the video

Week Video No.

Week 3 Video 1 Judgment reading and analysis

*The schedule will be followed, subject to change/s due to unforeseen/unavoidable circumstances.

Judgment analysis, Rights of

Reforms to CrPC, Plea

A. Tutorial Mode and Schedule:

B. Project and Schedule:

January 11, 2021 February 12, 2021 February 23, 2021

GUIDELINES FOR LONG TERM PAPER

Front page and Cover

Title of the project (centered on two or more lines)

Symbiosis Law School, NOIDA

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