Brief Overview of Course Syllabus: Law of Crimes II - Criminal Procedure Code
Prescribed Legislation:
1. The Code of Criminal Procedure, 1973
Note: We shall also be referring to other relevant legislations like, the Indian Penal Code, 1860; Indian Evidence Act, 1872 etc.
Prescribed Readings:
1. Case Material, Law of Crimes II - The Code of Criminal Procedure, 1973 (LB-203)
2. [Link] Pillai (Rev.), R. V. Kelkar’s Criminal Procedure, (6th ed., 2014)
3. [Link] Pillai (Rev.), R. V. Kelkar’s Lectures on Criminal Procedure, (6th ed., 2017)
Law of Crimes II - Course: A Brief Introduction:
The Code of Criminal Procedure provides the machinery for the detection of crime, apprehension of suspected criminals,
collection of evidence, determination of the guilt or innocence of the suspected person, and the imposition of suitable
punishment on the guilty.
It is further aimed at trying to provide a balance between the needs of the investigating and adjudicatory bodies to detect
crime, maintain law and order and the rights of the accused. With the increasing complaints regarding abuse of powers
of arrest by the police, custodial torture and death, denial of bail, etc., the course particularly focuses on investigation,
arrest, bail and principles of fair trial.
The provision relating to plea bargaining has been included to critically examine its operation under the criminal law
which may be oppressive unless all the stakeholders are equally positioned.
The primary objectives of this course are to:-
To familiarize the students with the crucial aspects relating to investigation and trial of offences (like initiation of criminal
cases, powers and duties of police during investigation of offences, stages of criminal trial, functions, duties, and powers
of criminal courts)
To sensitize the students about critical issues in administration of criminal justice (like protection of human rights of
accused, victims, principles of fair trial)
Learning Outcomes:
At the end of the course, the students will be able to:
1. Identify the stages in investigation and procedure of trial in criminal cases
2. Explain the powers, functions, and duties of police and criminal courts
3. Critically analyze the recent amendments in the Cr PC
4. Employ and promote adoption of humane and just practices in administration of criminal justice
Topics
1. Introduction to Cr PC
a. Importance of Criminal Procedure
b. Stakeholders and Functionaries in the Criminal Justice Administration
c. Hierarchy, powers and duties of Criminal Courts
d. Definitions- Sections 2(a), (g), (h), (w), (wa), (x)
A brief introuduction to Contents of Topics 2 & 3 of the Syllabus
In the scheme of the Code of Criminal Procure, 1973, for the purposes of setting criminal investigating agency into motion,
offences are classified into two categories:
(i) cognizable offences and
(ii) non-cognizable offences.
In case of cognizable offences, a police officer can arrest an accused without a warrant but in case of non-cognizable
offences he cannot arrest or investigate into such an offence without authorization in this behalf by the magistrate. In case
of cognizable offences, an F.I.R forms the basis for putting the investigative machinery into motion.
A general overall view of investigation will be given to the students with special emphasis on the essentials of F.I.R and its
evidentiary value, police officer’s powers to investigate cognizable cases, procedure for investigation, police officer’s
powers to require attendance of witnesses, examination of witnesses by the police, recording of confessions and
statements and report of police officer on completion of investigation.
2. Initiation of Criminal Case [law relating to FIR]
Relevant Provisions of CrPC: Ss. 2 (c) (d) and (1), 154-156, 160-l64A, 167, 173, 176 of the Cr PC
Note: We will discuss some of these provisions under Topic 3 as well.
Case Laws:
1. (a) Lalita Kumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 154 01
(b) Lalita Kumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 157 03
(c) Lalita Kumari v. Govt. of Uttar Pradesh, 2013 (13) SCALE 559 05
2. Youth Bar Association of India v. Union of India, (2016) 9 SCC 473
3. State of Orissa v. Sharat Chandra Sahu, (1996) 6 SCC 435
4. Madhu Bala v. Suresh Kumar, (1997) 8 SCC 476
5. Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409
6. Vinubhai Haribhai Malaviya v. State of Gujarat, 2019 SCC OnLine SC 1346 (Not in Case Material)
3. Investigation:
Relevant Provisions: Ss. 157, 41-41D, 46-47, 93, 50-50A, 51-53, 53A, 54-54A, 55A, 56-57, 60A (We shall also refer to the
provisions discussed under Topic 2)
Sub-Topics:
a. Procedure for Investigation
b. Arrest – procedure and rights of arrested person
c. Search and seizure (sections 165, 166 read with section 100
Case Laws:
1. [Link] v. State of West Bengal, (1997) 6 SCC 642
2. State of Haryana v. Dinesh Kumar, (2008) 3SCC 222
3. Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
4. Bail
Relevant Provisions: Ss. 436 - 439 of the Cr PC.
Criminal offences are further classified under the Cr.P.C. into bailable and non-bailable offences. In case of bailable offences,
an accused is entitled to bail as a matter of right on furnishing of surety. In case of non-bailable offences, bail is a matter of
discretion with the courts and the discretion becomes narrower depending upon the severity of the punishment that an
offence entails. How this discretion is to be exercised and what are the principles governing grant of bail in such cases is
discussed in the cases given below. The concept of anticipatory bail and the principles governing its grant are also a subject
matter of study here. Further, principles governing cancellation of bail are also discussed under this topic.
Sub-Topics:
a. Grant of Bail, including anticipatory bail
b. Cancellation of Bail
c. Compulsory release
Case Laws:
1. State v. Captain Jagjit Singh, (1962) 3 SCR 622
2. Moti Ram v. State of M.P., (1978) 4 SCC 47 49
3. Gurcharan Singh v. State (Delhi Admn.), (1978) 1 SCC 118
4. Sanjay Chandra v. Central Bureau of Investigation, (2012)1 SCC
5. Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565 84
6. State (Delhi Administration) v. Sanjay Gandhi, (1978) 2 SCC 411 101
5. Pre-Trial Proceedings before Criminal Courts
Relevant Provisions: Ss. 190, 193, 199, 200, 202, 204, 209-224, 228 of the CrPC
Sub-Topics:
a. Cognizance of Offences
b. Committal Proceedings
c. Framing of Charges
Case Laws:
1. Mohan Singh v. State of Bihar, (2011) 9 SCC 272
2. Ajay Kumar Parmar v. State of Rajasthan, (2012) 9 SCALE 542
6. Trial
Relevant Provisions: Ss. 2(w) (wa) and (x), 225-226, 230-231, 233-234, 242-244, 251, 260, 262 of the Cr PC.
Sub-Topic:
a. Differences among warrant, summons, and summary trials
b. Production of Witnesses - Summons and warrants
c. S.321- Withdrawal of Prosecution
Case Law: Abdul Karim v. State of Karnataka, (2000) 8 SCC 710
7. Rights of Accused and Victims
Sub-Topics:
a. Features of Fair Trial – Ss.273, 300, 303-304, 313, 316, 317, 319, 321, 327, 406, 409; Articles 20 (1) (3), 22(1), 39A of the
Constitution
b. Rights of Victims – Ss.357, 357A, 357B, 357C, 372, Proviso
c. Witness Protection - Delhi High Court Guidelines for Protection of Vulnerable Witnesses.
Case Laws:
1. Zahira Habibulla H. Shiekh v. State of Gujarat,(2004) 4 SCC 158
2. Mohammed Hussain v. State (Govt. of NCT Delhi),(2012) 9 SCC 408
3. Mohd. Ajmal Amir Kasab v. State of Maharashtra,(2012) 9 SCC 1
4. Hardeep Singh v. State of Punjab,(2014) 3 SCC 92
5. Mehmood Nayyar Azam v. State of Chhattisgarh, (2012) 8 SCC 1
6. Mrs. Neelam Katara v. Union of India, ILR (2003) II Del 377 203
8. Judgment
Relevant Provision: Ss. 227, 229, 232, 235 353-355 of the Cr PC.
Sub-Topics:
a. Discharge and acquittal
b. Conviction
c. Hearing on sentence
d. Content of judgments
Case Law: Ajay Pandit @ Jagdish Dayabhai Patel v. State of Maharahtra, (2012) 8 SCC 43
9. Other Means of Disposal of Cases
Relevant Provisions: Ss. 265A-265L, 320, 360-361 of the CrPC.
Sub-Topics:
a. Plea Bargaining (154th Report of the Law Commission of India, 1996, pp. 51-54).
b. Compounding of cases
10. Appeals, Inherent Powers of the High Court:
Relevant Provisions: Ss. 372, 374 - 376, 482 of the CrPC.
Case Laws:
1. Gian Singh v. State of Punjab, (2012) 10 SCC 303 223
2. State of M.P. v. Deepak, (2014) 10 SCC 285 249
3. Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur. v. State of Gujarat, (2017) 9 SCC 641
