MAHARASHTRA NATIONAL LAW UNIVERSITY, NAGPUR

Course Outline

BAL6.2 CRIMINAL LAW-II

[Link].B. (Hons.) Five-Year Integrated Degree Course

Designed and Developed by:

Ms. Nikita Sharma

1
 January 2025
(Strictly for Private Circulation)

2
 CRIMINAL LAW-II (CODE OF CRIMINAL PROCEDURE)
Semester-VI January-April 2025
Course Code BAL6.2
Course Credit 4
Maximum Marks 100
Teaching Hours 64
Presentation Hours 12-15
Medium of Instruction English
Course Compulsory
Introduction
Criminal law is one of the most significant branches of law that governs day-to-day
human conduct. It proscribes a conduct perceived as threatening, harmful, or otherwise
endangering to the property, health, safety, and moral welfare of people inclusive of one’s
self. Criminal law is one of the devices by which organized societies protect the security of
individual interests and ensure the survival of the group. Since time immemorial it is a
proven fact that violations are bound to occur and crime is inevitable. It is the responsibility
of the state to protect the members of the society from any anti-social behaviour and hence
the state makes criminal laws with the object to protect the society from the criminals. The
Criminal Justice System in India is built upon a strong foundation of the criminal law
manual which comprises of three important statutes, such as The Criminal Procedure Code
1973, The Indian Penal code 1860 and The Indian Evidence Act 1872. These statutes were
repealed and replaced by The Bharatiya Nagarika Suraksha Sanhita 2023 (BNSS), The
Bharatiya Nyaya Sanhita 2023 (BNS) and The The Bharatiya Sakshya Adhiniyam 2023
(BSA). The BNS which is categorized as substantive law defines constituent ingredients
required to identify a particular conduct as crime and specifies their respective
punishments. But the Criminal Justice System is often faced with the challenge of
balancing two competing interests vis-à- vis the State interest in combating crimes and
individual interest in safeguarding their individual liberty. This requires a robust procedural
law to encounter the aforesaid challenge and strike a balance between the two competing
interests. BNSS is designed to provide the procedure involved in the registration of crime;
the investigation and detection of crime; apprehension of the accused; collection of
evidence; determination of the guilt or innocence of the accused; and the imposition of
appropriate punishment.
Module I, is designed, to make students understand the foundational concept of types
of adjudication processes in criminal justice system; nature, scope and extent of BNSS;
kinds and classification of offences; functionaries under Criminal Justice System and study
the hierarchy, power and jurisdiction of criminal courts under the BNSS. Module II, is
designed to explain the procedure for registration of offences before investigation
authorities; different stages involved in the process of investigation of crime; the powers,
functions, and duties of police and criminal courts during the investigation proceedings and
the procedure for arrest; various rights accorded to the accused during arrest including the
right to bail. Module III, is designed to analyse the powers and functions of criminal
courts in taking cognizance through different modes prescribed under BNSS; the procedure
followed by courts in complaint cases and the procedure prescribed for criminal courts after
commencement of proceedings and charge framing. Module IV, is designed to explain,
compare and analyse the different kinds of trials provided in the BNSS which includes trial
by Sessions Court; warrant trials instituted on police report and otherwise; summons trials
and summary trials. Module V, is designed to explain various appellate proceedings before
higher criminal courts which include statutory right to file appeals, reference and review. It
also aims to help

3
students identify various alternate means of disposal of cases provided in the criminal
procedure code which includes withdrawal from prosecution, compounding of offences;
probation of offenders and the procedure and application of plea bargaining.
Course Objectives
The objective of the course is to develop an understanding of various procedural and
legal aspects of criminal proceedings in a criminal justice system and analyse the powers,
functions and role played by different functionaries under the Sanhita. Main objectives of
the course are to:
 Study criminal procedure and the role played by different functionaries under the
Sanhita;
 Understand the concepts, nature, scope and extent of The Bharatiya Nagarika
Suraksha Sanhita 2023, classification of offences, hierarchy, power and jurisdiction of
criminal courts;
 Explain the law and procedure for registration of FIR and different stages involved in
investigation and bail proceedings;
 Describe the powers and functions of criminal courts in pre-trial proceedings and
procedure for framing of charges;
 Analyse the procedure of different kinds of trials provided under the Sanhita; and
 Apprise with various appellate proceedings and other means of disposal of cases
provided under the Sanhita.
Teaching Methodology
The teaching methodology adopted to attain the course objectives would be a
combination of the lecture method, along with discussion method; study assignment
method; and case method. Further, Information and Communication Technology (ICT)
tools, such as power-point presentations; whiteboard; and, audio-visual aides would be
employed to achieve the aforementioned course objectives.
Course Evaluation Method
The Course is assessed for 100 Marks in total by a close book application-based
examination system. There shall be a Mid-Semester Exam for 20 Marks and End Semester
Exam for 50 Marks. 25 Marks are allotted for the Project work which includes 20 Marks
for written research work and 5 Marks for presentation of Project. The question papers
shall be designed on a decided or under-trial case based; therefore, students are advised to
take classroom exercise seriously and to develop their own application base skills.
Course Outcomes
On completion of the course, students are expected to develop an understanding of
various procedural and legal aspects of criminal proceedings in a criminal justice system.
On completion of the course, the students will be able to:
 Classify offences under the Sanhita and understand the hierarchy, power and
jurisdiction of criminal courts;
 Comprehend the law and procedure for registration of FIR and different stages
involved in investigation and bail proceedings;
 Examine the powers and functions of criminal courts in pre-trial proceedings and
procedure followed in framing of charges;
 Apply the procedural understanding of different kinds of trials provided under the
Sanhita and compare the differences in functioning and powers of criminal courts; and

4
 Analyse the appellate criminal proceedings and other means of disposal of cases
provided under the Sanhita.
***

5
 COURSE CONTENTS
Module-I: Introduction to Courts and Functionaries in Criminal Justice System
[Teaching Hours 10]
1.1 Introduction to Criminal Justice System: Adversarial system; Inquisitorial system;
Principles of Fair Trial.
1.2 Nature, Scope and Extent of The Bharatiya Nagarika Suraksha Sanhita 2023:
Purpose of enactment of BNSS; Territorial application of the Sanhita.
1.3 Classification of Offences: Cognizable and Non-Cognizable offences; Bailable and
Non-Bailable offences; Compoundable and Non-Compoundable Offences; Warrants
Case and Summons Case.
1.4 Functionaries under Criminal Justice System: Police; Public Prosecutors; Defence
Counsels; Criminal Courts.
1.5 Hierarchy, Powers and Jurisdiction of Criminal Courts: Classes of courts;
Sentencing powers of criminal courts; Jurisdiction of criminal courts.
Statutory References
The Bharatiya Nagarika Suraksha Sanhita (Act No. 46 of 2023)
The Code of Criminal Procedure 1973 (Act No. 2 of 1974)
The Police Act 1861 (Act No. 5 of 1861)
Judicial References
Ajay Aggarwal v. UOI (1993) 3 SCC 609
Babu v. State of Kerala (1984) Cr. LJ 499 (Ker)
Dhariwal Industriess Limited v. UOI AIR 2016 SC 4369
Iqbal Ismail Sodawala v. State of Maharashtra (1975) 3 SCC 140
J.K. International v. State (Govt. Of NCT of Delhi). (2001) 3 SCC 462
Kumari Srilekha Vidhyarthi v. State of U.P AIR 1991 SC 537
Manu Sharma v. State (NCT of Delhi) (2010) 6 SCC 1
Mohammed Shameer Ali v. State of Kerala. 2019 SCC OnLine Ker 2778
Mohammed v. State of Kerala 1994 (1) KLT 464
Mohanlal Shamji Soni v. Union of India. 1991 SCC (Cri) 595
Om Hemrajani v. State of Uttar Pradesh (2005) 1 SCC 617
Ram Chander v. State of Haryana (1981) 3 SCC 191
Rekha Murarka v. The State of West Bengal. 2019 SCC OnLine Cal 1967
Rhea Chakraborty v. State of Bihar 2020 SCC OnLine SC 625
Sanoop v. State of Kerala 2018 (2) KLT 338
Sister Mina Lalitha Baruwa v. State Of Orissa. (2013) 16 SCC 173
State of West Bengal v. Joginder Mallik 1979 Cri. L.J 539 (Cal)
Suk Das v. Union Territory of Arunachal Pradesh. (1986) 2 SCC 627
Suresh Chandra Jana v. State of W.B. (2017) 16 SCC 466
Talab Haji Hussain v. Madhukar Purshottam AIR 1958 SC 376
Thota Venkaterswarlu v. State of A.P. (2011) 9 SCC 527
Compulsory Readings
 R.V. Kelkar and K.N. Chandrashekaran Pillai, CRIMINAL PROCEDURE, 7th ed.
2021, pp.1-30 (Object, Extent and Scope),(Constitution of Criminal Courts),
(Police,

6
 Prosecutors, Defence Counsels, Prison Authorities), pp. 203-218 (Local Jurisdiction of
the Courts and the Police).
 Ratanlal & Dhirajlal, THE CODE OF CRIMINAL PROCEDURE, 23rd ed. 2019, pp.
1- 50 (Preliminary), (Constitution of Criminal Courts and Offices), (Power of Courts),
pp. 212-222 ( Jurisdiction of the Criminal Courts in Inquiries and Trial).
Suggested Readings
 Durga Das Basu, CRIMINAL PROCEDURE CODE, 1973, 6th ed. 2017, Vol.1 & 2,
Lexis Nexis Publications, New Delhi.
 Guidelines on the Role of Prosecutors, Adopted by the Eighth United Nations
Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba,
August to 7 September 1999.
 K. N. Chandrasekharan Pillai, “Public Prosecution in India”, JOURNAL OF THE
INDIAN LAW INSTITUTE, Vol. 50, No. 4, pp. 629-639.
 S C Sarkar, THE CODE OF CRIMINAL PROCEDURE, 10 th ed. 2013, Lexis Nexis
Publications, New Delhi.
 The Role of the Prosecutor in the Process of Criminal Justice, Earl J. Silbert,
American Bar Association Journal, Vol. 63, No. 12 (December 1977), pp. 1717-1720.
Module II: Procedure for Investigation, Arrest and Bail Proceedings
[Teaching Hours 20]
2.1 Information to the police: Recording of FIR in cognizable and non-cognizable
offences; Procedure after the recording of the FIR; Evidentiary value of FIR; Delay in
FIR; Quashing of FIR; Cross-FIR; Zero FIR; Difference between First Information
Statement and FIR.
2.2 Procedure for Investigation: Police officer’s power to investigate cognizable and
non- cognizable offences; Report before Magistrate under Section 176 ; Statements to
Police and their evidentiary value, Magistrate’s Power to order investigation under
Section 175(3); Power to order remand in police custody and judicial custody;
Recording of Confessions before Magistrate; Procedure when investigation cannot be
completed within 24 hours; Preliminary Inquiry by Magistrate; Case Diary and its
evidentiary value; Final Report.
2.3 Inquest Proceedings: Meaning of Inquest; Power of Police and Executive Magistrate
to conduct inquest proceedings; Inquest Proceedings in custodial death and rape cases.
2.4 Procedure for Arrest and Rights of Accused: Arrest procedure in cognizable and
non- cognizable cases; Right to know the grounds of arrest; Right to be taken before a
Magistrate without Delay; Right to Consult a Legal Practitioner; Right of Free Legal
Aid; Right to Be Examined by a Medical Practitioner.
2.5 Bail Proceedings: Meaning, concept and right of bail; Procedure for bail in bailable
and non bailable offences; Cancellation and rejection of bail; Anticipatory Bail;
Default Bail.
Law Commission of India Reports
 Law Commission of India, Report No. 154th.
 Law Commission of India, Report No. 41.
 Law Commission of India, Report No. 203.
 Law Commission of India, Report No. 268.
Statutory References

7
The Bharatiya Nagarika Suraksha Sanhita (Act No. 46 of 2023)
The Code of Criminal Procedure 1973 (Act No. 2 of 1974)

Judicial References
Achpal v. State of Rajasthan (2018) 3 SCC 567
Aparna Bhat v. State of Madhya Pradesh 2021 SCC OnLine SC 230
Arnesh Kumar v. State Of Bihar (2014) 8 SCC 273
D. K. Basu v. State of West Bengal AIR 1997 SC 610
Directorate of Enforcement v. Deepak Mahajan (1994) 3 SCC 440
Gautam Navlakha v. National Investigation Agency. 2021 SCC OnLine SC 382
Gurbaksh Singh Sibbia v. State of Punjab. AIR 1980 SC 1632
Gurcharan Singh v. State (Delhi Administration) (1978) 1 SCC 118
In Re: To issue Guidelines of Inadequacies and Deficiencies in Criminal Trials 2017
SCC OnLine SC 298
Jafel Biswas v. State of West Bengal (2019) 12 SCC 560
Joginder v. State of U.P (1994) 4 SCC 260
Kaptan Singh v. State of Uttar Pradesh (2021) 9 SCC 35
Keshav Lal v. State of Bihar AIR 1996 SC
Lalita Kumari v. Govt. Of Uttar Pradesh (2014) 2 SCC 1
Madhu v. State of Karnataka AIR 2014 SC 394
Malkiat Singh v. State of Punjab (1991) 4 SCC 341
Mohd. Kunju v. State of Karnataka AIR 2000 SC 6
Moti Ram v. State of M.P. (1978) 4 SCC 47
Neetu Kumar Nagaich v. State of Rajasthan (2020) 16 SCC 777
Nilabati Behera v. State of Orissa (1993)2 SCC 746
Ombir Singh v. State Of Uttar Pradesh (2020) 6 SCC 378
P Rajagopal v. State of Tamil Nadu (2019) 5 SCC 403
Paramvir Singh Saini v. Baljit Singh (2021) 1 SCC 184
Parbatbhai Ahir v. State of Gujarat (2017) 9 SCC 64
Pooja Pal v. UOI 2016 3 SCC 135
Prahlad Singh Bhati v. Government of NCT Delhi (2001) 4 SCC 280
Rabindra Kumar Pal v. Republic of India (2011) 2 SCC 490
Raghunandan v. State of UP. (1974) 4 SCC 186
Sakiri Vasu v. State of Uttar Pradesh (2008) 2 SCC 409
Sambhu Das v. State of Assam AIR 2010 SC 3300
Sanjay Chandra v. C.B.I. AIR 2012 SC 830
Soma v. State of Gujarat (1975) 4 SCC 257
State (Delhi Administration) v. Sanjay Gandhi (1978) 2 SCC 411
State of U.P. v. Abdul AIR 1997 SC 2512
State v. Captain Jagjit Singh (1962) 3 SCR 622
Suk Das v. U T of Arunachal Pradesh AIR 1986 SC 991
Surajit Sarkar v. State of West Bengal 2012 SCC Online SC 999
Surendra Kaushik v. State of U.P (2013) 5 SCC 148

8
Tahsildar Singh v. State of U.P 1959 Supp (2) SCR 875
V.R. Mishra v. State of Uttarakhand (2015) 9 SCC 588
Vasanti Dubey v. State of M.P (2012) 2 SCC 73
Vinod Kumar Sharma v. State of Uttar Pradesh (2021) 6 SCC 663
Compulsory Readings
 R.V. Kelkar and K.N. Chandrashekaran Pillai, CRIMINAL PROCEDURE, 7th ed. 2021,
pp. 44-201 (Pre-trial Procedure: Arrest, and the Rights of the Arrested Person), (Pre-
trial Procedure: Investigation by Police), (Bail).
 Ratanlal & Dhirajlal, THE CODE OF CRIMINAL PROCEDURE, 23rd ed. 2019, pp.
61-80 (Arrest of Persons), (Information to the Police and Their Powers to Investigate),
pp. 246-381 (Provisions as to Bail and Bonds) 33, pp. 951-1020.
Suggested Readings
 Durga Das Basu, CRIMINAL PROCEDURE CODE, 1973, 6th ed. 2017, Vol.1 & 2,
Lexis Nexis Publications, New Delhi.
 K.N. Chandrasekharan Pillai, “Criminal Investigation in India – Human Rights
Perspective”, JOURNAL OF THE INDIAN LAW INSTITUTE, Vol. 48, No. 3 (July-
September 2006), pp. 435-438.
 Ramesh Vaghela, “Default Bail: A Study of Case Law”, JOURNAL OF THE INDIAN
LAW INSTITUTE, Vol. 45 No. 1 (January-March 2003), pp. 80-96.
 S C Sarkar, THE CODE OF CRIMINAL PROCEDURE, 10th ed. 2013, Lexis Nexis
Publications, New Delhi.
 S. R. Sankaran, “Criminal Justice System: A Framework for Reforms”, ECONOMIC
AND POLITICAL WEEKLY, Vol. 34 No. 22 (May 29 - Jun. 4, 1999), pp. 1316-
1320.
Module-III: Pre-Trial Proceedings and Charge Framing [Teaching Hours 14]
3.1 Cognizance of Offences: Competence of court to take cognizance; Cognizance of
offences by complaint, Police report and information.
3.2 Committal Proceedings: Cognizance of offence by Sessions Court and commitment
to the Court of Session; Exceptions to taking cognizance by Court; Limitations to
taking cognizance.
3.3 Complaint Procedure: Examination of complainant; Procedure by Magistrate not
competent to take cognizance; Postponement of issue of process; Dismissal of
complaint.
3.4 Commencement of Proceedings before Magistrate: Issue of Process; Supply of
copy of police report and other documents in cases triable by Magistrate’s Court and
Courts of Sessions.
3.5 Framing of Charges: Difference between charge and inquiry; Contents of charge;
Error in charge; Alteration of charges; Charge framing for more than one offences;
Joinder of charges and joinder of accused; Withdrawal of charges.
Law Commission of India Reports
 Law Commission of India, Report No. 233.
Statutory References
The Bharatiya Nagarika Suraksha Sanhita (Act No. 46 of 2023)
The Code of Criminal Procedure 1973 (Act No. 2 of 1974)
Judicial References

9
Adalat Prasad v. Rooplal Jindal (2004) 7 SCC 338
Bhagwant Singh v. State (1985) 2 SCC 53
Bholu Ram v. State of Punjab (2008) 9 SCC 140
Chandra Deo Singh v. Prakash Chandra Bose AIR 1963 SC 1430
Cheminova India Limited v. State of Punjab (2021) 8 SCC 818
Kantilal Chandulal Mehta v. State of Maharashtra (1969) 3 SCC 166
M/s Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd v. State of Maharashtra
(2021) 8 SCC 753
Manharibhai Muljibhai Kakadia v. Shaileshbhai Mohanbhai Patel 2012 (10) SCC 51
Pepsi Foods Ltd. v. Special Judicial Magistrate (1998) 5 SCC
749 Pradeep S Wodeyar v. State of Karnataka 2021 SCC OnLine SC 1140
R.R. Chari v. State of U.P. AIR 1951 SC 207
Rattiram v. State of M.P 2012) 4 SCC 516
Tula Ram v. Kishore Singh (1977) 4 SCC 459
Vinubhai Haribhai Malaviya v. The State of Gujarat 2019 SCC OnLine SC 1346
Compulsory Readings
 R.V. Kelkar and K.N. Chandrashekaran Pillai, CRIMINAL PROCEDURE, 7th ed. 2021,
pp. 221-286 (Cognizance of Offences), (Commencement of Proceedings before
Magistrates), (The Charges).
 Ratanlal & Dhirajlal, THE CODE OF CRIMINAL PROCEDURE, 23rd ed. 2019, pp.
403-528 (Conditions Requisite For Initiation of Proceedings),(Complaints to
Magistrates), (Commencement of Proceedings Before Magistrates), (The Charges).
Suggested Readings
 Durga Das Basu, CRIMINAL PROCEDURE CODE, 1973, 6th ed. 2017, Vol.1 & 2,
Lexis Nexis Publications, New Delhi.
 S C Sarkar, THE CODE OF CRIMINAL PROCEDURE, 10th ed. 2013, Lexis Nexis
Publications, New Delhi.
Module-IV: Trial Proceedings [Teaching Hours 10]
4.1 Speedy Trial: Speedy Investigation; Right to speedy trial; Adjournments under
Section 324 of BNSS.
4.2 Trial by Sessions Court: Opening case for prosecution; Framing of charges; Plea of
guilt; Evidence for the prosecution and defence; Judgement on acquittal or conviction;
Procedure for framing charge when previous conviction.
4.3 Warrant Trial instituted on Police Report and otherwise: Compliance with Section
230; Discharge of accused; Framing of charges; plea of guilt; Evidence for the
prosecution and defence; judgement on acquittal or conviction; Procedure when
complainant absent; Compensation for accusation without reasonable cause.
4.4 Summons Trial: Substance of accusation to be stated; Conviction on plea of guilty in
petty cases; procedure when Non-appearance or death of complainant; Withdrawal of
complaint; Power to stop proceedings in certain cases; Power of Court to convert
summons-cases into warrant-cases.
4.5 Summary Trial: Power of court and cases in which court can try summarily;
Summary trial by Magistrate of the second class; procedure for summary trials;
Record in summary trials; judgment in cases tried summarily.
Official Reports

10
  Law Commission of India, Report No. 233.
 Report of Committee on Reforms of Criminal Justice System, MINISTRY OF HOME
AFFAIRS, GOVERNMENT OF INDIA, 2003,Vol. I, March 2003, pp. 3- 37, pp.145-
149, pp. 169-187.
Statutory References
The Bharatiya Nagarika Suraksha Sanhita (Act No. 46 of 2023)
The Code of Criminal Procedure 1973 (Act No. 2 of 1974)
Judicial References
A.S. Gauraya v. S.N. Thakur (1986) 2 SCC 709
Banti @ Guddu v. State of M.P (2004) 1 SCC 414
Century Spinning & Manufacturing Co. v. State of Maharashtra (1972) 3 SCC 282
Ganeshmal Jashraj v. Government of Gujarat (1980) 1 SCC 363
In Re: To issue Guidelines of Inadequacies and Deficiencies in Criminal Trials 2017
SCC OnLine SC 298
Mahant Kaushalaya Das v. State of Madras AIR 1966 SC 22
P. Vijayan v. State of Kerala AIR 2010 SC 663
R.S. Nayak v. A.R. Antulay (1986) 2 SCC 716
Compulsory Readings
 R.V. Kelkar and K.N. Chandrashekaran Pillai, CRIMINAL PROCEDURE, 7th ed.
2021, pp.391-581 (Trial Procedure: Principles Features of Fair Trial), (Trial
Procedure: Trial before a Court of Session), (Trial Procedure: Trial of Warrant Cases
by Magistrate), (Trial Procedure: Trial of Summons Cases and Summary Cases).
 Ratanlal & Dhirajlal, THE CODE OF CRIMINAL PROCEDURE, 23 rd ed. 2019, pp.
529-587, (Trial Procedure: Trial before a Court of Session), (Trial Procedure: Trial of
Warrant Cases by Magistrate), (Trial Procedure: Trial of Summons Cases and
Summary Cases).
Suggested Readings
 Darryl K. Brown, “The Perverse Effects of Efficiency in Criminal Process”,
VIRGINIA LAW REVIEW, Vol. 100 No. 1, 2014, pp. 183-223.
 Durga Das Basu, CRIMINAL PROCEDURE CODE, 1973, 6th ed. 2017, Vol.1 and 2,
Lexis Nexis Publications, New Delhi.
 K.N. Chandrasekharan Pillai, “Speedy Trial: The Rise and Fall of a Right”,
SUPREME COURT CASES JOURNAL, Vol. 10, 2012, pp. 39-43.
 S C Sarkar, THE CODE OF CRIMINAL PROCEDURE, 10th ed. 2013, Lexis Nexis
Publications, New Delhi.
Module-V: Post-Judgement Reliefs and Other Means of Disposal of Cases
[Teaching Hours 16]
5.1 Appellate Proceedings: Appeals; Reference; Revision.
5.2 Transfer of Criminal Cases: Power of Supreme Court to transfer cases and appeals;
Power of High Court to transfer cases and appeals; Power of Sessions Judge to transfer
and withdraw cases and appeals; Withdrawal of cases by Judicial Magistrate.
5.3 Inherent Powers of High Court: Meaning, extent and scope; Cases in which inherent
powers used.

11
5.4 Other means of disposal of cases: Withdrawal from prosecution; Compounding of
offences as given in Code of Criminal Procedure, 1973; Order to release on probation
of good conduct or after admonition; Plea Bargaining.
5.5 Significant Changes in BNSS: Search and Seizure Procedure, Proclamation of
Offender, New Provisions for Attachment of Property.
Official Reports
 Law Commission of India, Report No. 192.
 Law Commission of India, Report No. 237.
 Report of Committee on Reforms of Criminal Justice System, MINISTRY OF HOME
AFFAIRS, GOVERNMENT OF INDIA, Vol. I, March 2003, pp. 169-187.
Statutory References
The Bharatiya Nagarika Suraksha Sanhita (Act No. 46 of 2023)
The Code of Criminal Procedure 1973 (Act No. 2 of 1974)
Judicial References
Ashwani Kumar Upadhyaya v. Union of India AIR 2018 SC 4633
Bani Singh v. State of U.P (1996) 4 SCC 720
Gamini Bala Koteswar Rao v. State of Andhra Pradesh AIR 2010 SC 589
Hanumant Das v. Vinay Kumar AIR 1982 SC 1052
Perla Somasekhara Reddy v. State of A.P (2009) 16 SCC 98
Ramgopal v. State of Madhya Pradesh (2021) 3 SCC 516
Rekha Murarka v. The State of West Bengal 2019 SCC OnLine Cal 1967
Satya Pal Singh v. State of M.P 2015(10) SCC 4 567
Sheetal Prasad v. Sri Kant AIR 2010 SC 1140
State of Gujarat v. Ratilal Laljibhai Tandol (1997) 7 SCC 227
State of Odisha v. Pratima Mohanty (2021) SCC OnLine SC 1222
State of Punjab v. Prem Sagar (2008) 7 SCC 550
State of Punjab v. Sarwan Singh (1981) 3 SCC 34
The State of Kerala v. K Ajith (2021) SCC Online SC 510
Compulsory Readings
 R.V. Kelkar and K.N. Chandrashekaran Pillai, CRIMINAL PROCEDURE, 7th ed. 2021,
pp. 601-720 (Judgement), (Review Procedure: Appeals), (Review Procedure:
Revision), (Transfer of Cases), (Proceedings for Maintenance of Wives, Children and
Parents).
 Ratanlal & Dhirajlal, THE CODE OF CRIMINAL PROCEDURE, 23 rd ed. 2019, pp.
141-197 (Order for Maintenance of Wives, Children and Parents), pp. 588-592 (Plea
Bargaining), pp. 688-707 (The Judgement), pp. 739-776 (Appeals), (Reference),
(Revision), pp. 781-921 (Transfer of Criminal Cases), pp. 1076-1137 (Irregular
Proceedings).
Suggested Readings
 Darryl K. Brown, “The Perverse Effects of Efficiency in Criminal Process,”
VIRGINIA LAW REVIEW, Vol. 100 No. 1, March 2014, pp. 183-223.
 Durga Das Basu, CRIMINAL PROCEDURE CODE, 1973, 6th ed. 2017, Vol.1 & 2,
Lexis Nexis Publications, New Delhi.

12
 Mike McConville, “Plea Bargaining: Ethics and Politics”, JOURNAL OF LAW AND
SOCIETY, Vol. 25 No. 4, 1998, pp. 562-587.
 Rob Canton, “The Point of Probation: On Effectiveness, Human Rights and the
Virtues of Obliquity”, JOURNAL OF CRIMINOLOGY & CRIMINAL JUSTICE,
Vol.13 No. 5, 2013, pp. 577-593.
 S C Sarkar, THE CODE OF CRIMINAL PROCEDURE, 10th ed. 2013, Lexis Nexis
Publications, New Delhi.

***

13