COURSE MANUAL

Criminal Procedure Code

Spring 2023
(AY 2022-23)

Taught by:

Anupama Sharma Malika Ghalib Shah

Arushi Bajpai Niharika Ahluwalia
Ashiv Chaudhary Nikunj Kulshreshtha
Dhyuthi Velugula Sandeep Suresh
Eesha Mohapatra Simon Benjamin
Konina Mandal Vaibhav Chadha

1
 CONTENTS

PART I
General Information………………………………………………………………………Page 3

PART II

a. Course Description………………………………………………………………………………
Page 4

b. Course Aims…………………………………………………………………………….Page 4

c. Intended Learning Outcomes…………………………………………………Page 4-5

d. Grading of Student Achievement……………………………………………Page 5-6

PART III
a. Keyword Syllabus…………………………………………………………………….Page 7
b. Course Policies……………………………………………………………………..Page 7-8

PART IV

a. Weekly Course Outline ………………………………………………………….....Page 9

b. Readings……………………………………………………………………………Page 10-13
 PART I

General Information

General Information on, Criminal Procedure Code, offered by Jindal Global

Law School
of the AY 2022-23

The information provided herein is by the Course Coordinator. The following

information contains the official record of the details of the course.

This information shall form part of the University database and may be
uploaded to the KOHA Library system and catalogued and may be
distributed amongst 1st or 2nd year Law students for B.A.LL.B. (Hons),
B.B.A.LL.B. (Hons); B.Com. LL.B. (Hons), B.A. (Hons) Legal Studies, B.A.
(Hons) Criminology and Criminal Justice; LL.B.; and LL.M. courses if
necessary.

Criminal
Course Procedure
Title: Code
Course
Code: L-CT 0007
Course
Duration: One Semester
No. of Credit
Units: 4
Level: Undergraduate
Medium of
Instruction: English
 PART II
a. Course Description

This course is meant to be an overview of the Code of Criminal Procedure 1973 (CrPC)
which underpins the functioning of the criminal justice system. Students will be taught
the procedure to be followed by the police, the courts, and other stakeholders when a
crime has been committed or is suspected to have been committed. Starting from the
filing of an FIR right to the investigation of the crime to the trial and sentencing of the
accused, the students will be given a complete overview of criminal procedural law.

b. Course Aims

The aim of the course is to help familiarize the students with procedural aspects of the
criminal justice system thereby creating a sound conceptual framework for studying
substantive criminal law. By the end of the course the students should be able to:

 Demonstrate an understanding of the principles underpinning the CrPC.

 Apply provisions of the CrPC to real cases.
 Identify the tensions in the law.
 Develop the skill to organize thoughts coherently and present them persuasively.
 Develop an appreciation for comparative analysis.
 Critically analyze complex issues arising out of the provisions of the CrPC and apply
the same in practice.

c.Intended Learning Outcomes

Learning Weight Teaching & Learning Assessment Tasks

Outcomes Activities

Identify the key Lectures will be delivered Students will be tested

issues in the field of on each topic with the aid on the topics covered
criminal 50% of PowerPoint slides. in the lectures by way
procedural law and Importantly, students are of a closed-book end of
apply relevant case expected to read the semester examination.
law. essential reading
prescribed for each topic
before class.
 A critical The tutorials will consist of Students will be tested
understanding of an interactive Q&A session on their knowledge of
the current wherein students will be CrPC, understanding
controversies and 50% expected to answer of the course, their
issues in criminal questions posed by the analytical skills,
procedural law and lecturer. presentational skills,
the ability to apply teamwork, oratory
the provisions of skills, written skills,
the CrPC in participation, etc.
practice.

d.Grading of Student Achievement

To pass this course, students must obtain a minimum of 40% in the

cumulative aspects of coursework, e.g. moot, and final examination. End of
semester exam will carry 50 marks out of which students have to obtain a
minimum of 15 marks to fulfil the requirement of passing the course.

The details of the grades as well as the criteria for awarding such grades are provided
below.

Letter Grade Marks % Grade Definitions

Outstanding work with strong

O 80% and above Outstanding evidence of knowledge of the
subject matter, excellent
organizational capacity, ability to
synthesize, critically analyse, and
originality in thinking and
presentation.

Sound knowledge of the subject

A+ 75 to 79.75% Excellent matter, thorough understanding of
issues, and ability to synthesize
critically and analyse.

Good understanding of the subject

A 70 to 74.75% Good matter, ability to identify issues
and provide balanced solutions to
 problems and good critical and
analytical skills.

Adequate knowledge of the subject

A- 65 to 69.75% Adequate matter to go to the next level of
study and reasonable critical and
analytical skills.

Limited knowledge of the subject,

B+ 60 to 64.75% Marginal irrelevant use of materials, and
poor critical and analytical skills.

Poor comprehension of the

B 55 to 59.75% Poor subject; poor analytical skills, and
marginal use of relevant materials.

“Pass” in a pass-fail course

B- 50 to 54.75% Pass indicative of at least basic
understanding of the subject.

NEW COURSE LETTER GRADES AND THEIR INTERPRETATION 

Letter Percentag Grade
Interpretation  
Grade e of Marks Points
Pass 1: Pass with Basic understanding of the
P1 45 - 49 2
subject matter.
Pass 2: Pass with Rudimentary
P2  40 - 44 1
understanding of the subject matter.
Fail: Poor comprehension of the subject matter;
poor critical and analytical skills and
F Below 40 0
marginal use of the relevant materials. Will
require repeating the course.
Extenuating circumstances preventing the
student from completing coursework
assessment, or taking the examination; or where
the Assessment Panel at its discretion assigns
I Incomplete  
this grade. If an "I" grade is assigned, the
Assessment Panel will suggest a schedule for the
completion of work, or a supplementary
examination. 
 PART III

a.Keyword Syllabus

Cognizance, FIR, Investigation, Warrant, Summons, Arrest, Custody, Trial, Judgment,

Sentence, Appeal, Self-Incrimination, Inquiry, Complaint, Charge, Magistrate, and Bail.

b.Course/Class Policies

Cell Phones, Laptops and Similar Gadgets

Usage for academic purposes may be permitted as per Instructor’s discretion.

Required Course Materials

1. Bare Act of the Code of Criminal Procedure 1973 (latest edition).

2. R V Kelkar’s Criminal Procedure (revised by Prof. KNC Pillai, 6th ed.) (textbook).

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process. Collaboration

demands an ethical responsibility to acknowledge who we have learnt from, what we
have learned, and how reading and learning from others have helped us shape our own
ideas. Even our own ideas demand an acknowledgement of the sources and processes
through which those ideas have emerged. Thus, all ideas must be supported by citations.
All ideas borrowed from articles, books, journals, magazines, case laws, statutes,
photographs, films, paintings, etc., in print or online, must be credited with the original
source. If the source or inspiration of your idea is a friend, a casual chat, something that
you overheard, or heard being discussed at a conference or in class, even they must be
duly credited. If you paraphrase or directly quote from a web source in the examination,
presentation or essays, the source must be acknowledged. The university has a
framework to deal with cases of plagiarism. All form of plagiarism will be taken
seriously by the University and prescribed sanctions will be imposed on those who
commit plagiarism.

Disability Support and Accommodation Requirements

JGU endeavours to make all its courses accessible to students. In accordance with the
Rights of Persons with Disabilities Act (2016), the JGU Disability Support Committee
(DSC) has identified conditions that could hinder a student’s overall well-being. These
include physical and mobility related difficulties, visual and hearing impairment, mental
health conditions and intellectual/learning difficulties e.g., dyslexia, dyscalculia.
Students with any known disability needing academic and other support are required to
register with the Disability Support Committee (DSC) by following the procedure
specified at https://jgu.edu.in/disability-support-committee/ 

Students who need support may register any time during the semester up until a month
before the end semester examination begins. Those students who wish to continue
receiving support from the previous semester, must re-register within the first month of
a semester. Last minute registrations and support might not be possible as sufficient
time is required to make the arrangements for support. 

The DSC maintains strict confidentiality about the identity of the student and the nature
of their disability and the same is requested from faculty members and staff as well. The
DSC takes a strong stance against in-class and out-of-class references made about a
student’s disability without their consent and disrespectful comments referring to a
student’s disability. 

All general queries are to be addressed to

disabilitysupportcommittee@jgu.edu.in 

Safe Space Pledge

This course may discuss a range of issues and events that might result in distress for
some students. Discussions in the course might also provoke strong emotional
responses. To make sure that all students collectively benefit from the course, and do
not feel disturbed due to either the content of the course or the conduct of the
discussions. Therefore, it is incumbent upon all within the classroom to pledge to
maintain respect towards our peers. This does not mean that you need to feel restrained
about what you feel and what you want to say. Conversely, this is about creating a safe
space where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students, but also with the instructor.

P.S. The course instructor, as part of introducing the course manual, will discuss the
scope of the Safe Space Pledge with the class.
 PART IV

a. Weekly Course Outline

Constitution and hierarchy of criminal courts

Functionaries under the Code
Week 1-2 Classification of offences

Investigation
Process to compel appearance & production of things
Week 3-5

Sec. 167
Week 6-8 Commencement of judicial proceedings

Framing of charge
Elements of fair trial
Week 9-10

Week 11-12 Bail

Trial
Week 13-14

Week 15 Judgment and Sentencing

b. Readings

Week Lecture Readings

1-2 Constitution and hierarchy of criminal courts – jurisdiction and powers of

criminal courts – magistrates and their powers.

Functionaries under the Code – police – prosecutor – defense counsel –

prison authorities – and their roles.

Classification of offences – cognizable, non-cognizable, bailable, non-bailable,

summons, and warrants cases – pre-trial procedure – duty of the public to give
information and to assist magistrate and police.

Mandatory:
 Section 1,2 (relevant definition clauses), 4-29, 303-304 of The Code of
Criminal Procedure 1973 Bare Act
Suggested:
Herbert Packer, Two Models of the Criminal Process, 113 University of
Pennsylvania Law Review 1 (1964)

3-5 Investigation – information in cognizable cases – information in non bailable

cases – police officers’ powers to investigate cognizable cases – rule of police as to
non-cognizable cases – report to magistrate – examination of witnesses by police –
recording of statements and evidentiary value – police diary – report of police
officer on completion of investigation.

Mandatory:
 Section 154-173 (except section 164 and 167) The Code of Criminal
Procedure 1973 Bare Act
State of Haryana v. Bhajan Lal 1992 Supp. (1) SCC 335
Lalita Kumari v. Government of UP (2014) 2 SCC 1
 Yanub Sheikh v. State of WB (2013) 6 SCC 428
Nandini Satpathy v. PL Dani (1978) 2 SCC 424
Mahabir Singh v. State of Haryana (2001) 7 SCC 148
Joginder Nahak v. State of Orissa (2000) 1 SCC 272
Anju Chaudhary v. State of UP (2013) 6 SCC 384
TT Antony v. State of Kerala (2001) 6 SCC 181
Shivappa v. State of Karnataka (1995) 2 SCC 76
Sakiri Vasu v. State of UP, (2008) 2 SCC 409

Suggested:
State of Telangana v. Sarveshwar Reddy (Crim Appeal No. 1662/2019)
Manu Sharma v. State (NCT of Delhi) (2010) 6 SCC 1
State of WB v. Swapan Kumar Guha (1982) 1 SCC 561
Criminal Procedure (identification) Act 2022 and the Rules

Process to compel appearance & production of things – steps to ensure

accused’s presence at the trial – rights of arrested persons – summons – warrants
– search and seizure – production of documents – impounding of documents -
search and seizure of electronic devices.

Mandatory:
 Sections 41-60A, Section 61-81, 87-104, 164 The Code of Criminal
Procedure 1973 Bare Act
DK Basu AIR 1997 SC 610
Joginder Kumar v. State of UP 1994 SCC (4) 260
V S Kuttan Pillai v. Ramakrishnan, AIR 1980 SC 185
Arnesh Kumar V. State of Bihar 2014 8 SCC 273 case
Virendra Khanna v. State of Karnataka 2021 SCC Online Kar 5032
Abhinav Sekhri, On Digital Devices and Criminal Investigations, The India
Forum.

Suggested:
Radha Kishan v. State of UP AIR 1963 SC 822
Manish Dixit v. State of Rajasthan (2000) 1 SCC 596
Shyam Lal Sharma v. State of MP (1972) 1 SCC 764
State of Maharashtra v. Christian Community Welfare Council (2003) 8 SCC
546
Social Action Forum for Manav Adhikar v. Union of India (2018) 10 SCC 443

6-8 Sec. 167 – rules regulating investigation beyond 24 hours – remand – custody –
right to default bail.

Mandatory:
CBI v. Anupam Kulkarni 1992 AIR 1768
 Sanjay Dutt v. State (1994) 5 SCC 410

Suggested:
Chaganti Satyanarayana v. State of AP (1986) 3 SCC 141
Aslam Desai v. State of Maharashtra (1992) 4 SCC 272
Uday Mohan Acharya v. State of Maharashtra (2001) 5 SCC 453
Sudha Bharadwaj v. NIA January (2021 SCC OnLine Bom 4568)

Commencement of judicial proceedings –consolidation of cases relating to

same offence – protest petitions – further investigations post the filing of charge
sheet – cognizance of offences by courts – limitations on the power to take
cognizance – procedures to deal with complaint cases – committal of cases to
Sessions Court.
-Section 197 (very briefly)

Mandatory:
 Section 190-194, 200-210 The Code of Criminal Procedure 1973 Bare Act
Abhinandan Jha v. Dinesh Mishra AIR 1968 SC 117
Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537
Vinubhai Malaviya v. State of Gujarat (2019 14 SCALE 1)
Kishun Singh v. State of Bihar (1993) 2 SCC 16
DL Reddy v. VN Reddy (1976) 3 SCC 252 (overruled by Vinubhai)
HS Bains v. State (UT of Chandigarh) (1980) 4 SCC 631
Suggested:
Kewal Krishnan v. Suraj Bhan (1980) Supp. SCC 499

9 - 10 Framing of charge – basic rules – alteration of charge – conviction of an offence

not charged with – joinder of charges – effect of omission to frame or absence of or
error in charge-elements of fair trial.

 Section 211-228 The Code of Criminal Procedure 1973 Bare Act

Mandatory:
William Slaney v. State of Maharashtra AIR 1956 SC 116
UoI v. Prafulla K Samal (1979) 3 SCC 4
State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568

Suggested:
Justice V S Malimath Committee Report (2003)
Kamil v. State of UP, AIR 2019 SC 45
Ajmal Kasab v. State of Maharashtra, (2012) 9 SCC 1
Nitya Dharmananda v. Gopal Sheelum Reddy (2018) 2 SCC 93

11 - 12 Law of Bail – anticipatory bail – cancellation of bail – powers of magistrate,

 appellate courts, and courts of revision.

Mandatory:
Section 436-439, 441, 445 The Code of Criminal Procedure 1973 Bare Act
Gudikanti Narsimhulu v. Public Prosecutor (1978) 1 SCC 240
Gurcharan Singh v. State AIR 1978 SC 179
Sushila Aggarwal v. State (NCT of Delhi) (2020 5 SCC 1)
P Chidambaram v. ED 2019 SCC OnLine SC 1549 (INX Media case)

Suggested:
State v. Jaspal Singh 1984 3 SCC 555
Sanjay Chandra v. CBI (2012) 1 SCC 40
Arnab Goswami v. State of Maharashtra (2020 SCC OnLine SC 964)
Gurbaksh Singh Sibbia v. State of Punjab 1978 CriLJ 20 (AB)
Taking Bail Seriously: The State of Bail Jurisprudence in India (select chapters)
Shah, M.G. and Chadha, V. (2021). Evolution of law on anticipatory bail in
India. Janus.net, E-journal of International Relations.12(1), 251-264.

13 - 14 Trial – summary trial – trial before court of sessions and magistrates –

statements under Sec. 313 CrPC and its use – summoning additional accused.

 Section 225-265, 300-304, 309 313, 319, 320, 321 The Code of Criminal
Procedure 1973 Bare Act

Summoning of additional accused

Mandatory:
Hardeep Singh v. State of Punjab (2014) 3 SCC 92
Sukhpal Singh Khaira v. State of Punjab CRIMINAL APPEAL NO.885 OF
2019 (refer to relevant portions only)
Suggested:
Dharam Pal v. State of Haryana (2014) 3 SCC 306

Examination of accused u/s 313

Mandatory:
Nar Singh v. State of Haryana, (2015) 1 SCC 496
Suggested:
Tara Singh v. State, AIR 1951 SC 441

15 Judgment & Sentencing – requirements of judgments and finality – sentencing

– execution

 Section 353-362 The Code of Criminal Procedure 1973 Bare Act

Suggested: Mukhtiar Singh v. State of Punjab, (1995) 1 SCC 760

OTHER TOPICS:

Appeals, Revision, and Reference, Powers of appellate courts, Transfer of cases,

Inherent powers of the High Court u/s 482, Remission/ Commutation of
sentences, Compounding of offences, Plea Bargaining and Double Jeopardy.