LB-203 LawofCrimes II FinalContent2018
LB-203 LawofCrimes II FinalContent2018
LB-203 LawofCrimes II FinalContent2018
- II Term
Paper – LB – 203 - Law of Crimes – II
The Code of Criminal Procedure
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.
Learning Outcomes:
At the end of the course, the students will be able to:
l. 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
1. Introduction to Cr PC 4 Lectures
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)
2. Initiation of Criminal Case - Ss. 2 (c) (d) and (1), 154-156, 160-l64A, 167, 173,
176 of the Cr PC (5 lectures)
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 noncognizable
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.
Cases: Lalita Kumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 154 01
Lalita Kumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 157 03
Lalita Kumari v. Govt. of Uttar Pradesh, 2013 (13) SCALE 559 05
Lalita Kumari v. Govt. of Uttar Pradesh, 14
Crl.M.P. no.5029 of 2014 in Writ Petition (Crl.) No.68 of 2008
Youth Bar Association of India v. Union of India and Others 15
WRIT PETITION (CRL.) NO.68 OF 2016
State of Orissa v. Sharat Chandra Sahu, (1996) 6 SCC 435 19
Madhu Bala v. Suresh Kumar, (1997) 8 SCC 476 21
Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409 25
3. Investigation - Ss. 157, 41-41D, 46-47, 93, 50-50A, 51-53, 53A, 54-54A,
55A, 56-57, 60A, (5 lectures)
a. Procedure for Investigation
b. Arrest – procedure and rights of arrested person
c. Search and seizure(sections 165, 166 read with section 100)
Cases: D.K.Basu v. State of West Bengal, (1997) 6 SCC 642 30
State of Haryana v. Dinesh Kumar, (2008) 3SCC 222 33
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 40
Criminal offences are further classified under the Cr.P.C. into bailable and nonbailable
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 here.
a. Grant of Bail, including anticipatory bail
b. Cancellation of Bail
c. Compulsory release
1. Ved Kumari, "Rustam and Sanjay Dutt: From Bail to Bondage", 1 INDIAN
JOURNAL OF CONTEMPORARY LAW, 50-56 (1997) 108
5. Pre-Trial Proceedings - Ss. 190, 193, 199, 200, 202, 204, 209-224, 228 (4
lectures)
a. Cognizance of Offences
b. Committal Proceedings
c. Framing of Charges
Mohan Singh v. State of Bihar, (2011)9 SCC 272 114
Ajay Kumar Parmar v. State of Rajasthan, (2012)9 SCALE 542 121
6. Trial - Ss. 2(w) (wa) and (x), 225-226, 230-231, 233-234, 242-244, 251, 260,
262 of the Cr PC. (4 lectures)
a. Differences among warrant, summons, and summary trials
b. Production of Witnesses - Summons and warrants
c. S.321-Withdrawal of Prosecution
Abdul Karim v. State of Karnataka, (2000) 8 SCC 710 129
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. Cases:
Law of Crimes - II
FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI-110 007
January, 2018
3.