Evaluation Scheme & Syllabi

of

Master of Laws
(LL.M.)
Criminal Laws

(w.e.f. Academic session 2022-23)

Faculty of Law
INVERTIS UNIVERSITY BAREILLY
 YEAR 2

SEMESTER III
S.NO PAPER PAPER NAME MAXIMUM MARKS HOURS CREDIT
CODE
EXTER SESSI TOTAL L+T+P
NAL ONAL
1 LMC Juvenile Delinquency 70 30 100 3+2+0 3
301
2 LMC Collective Violence 70 30 100 3+2+0 3
302
3 LMC Comparative Criminal 70 30 100 2+2+0 2
303 Law

SEMESTER IV
S.NO PAPER PAPER NAME MAXIMUM MARKS HOURS CREDIT
CODE
EXTER SESSI TOTAL L+T+P
NAL ONAL
1 LLM Judicial Process 70 30 100 3+2+0 5
401
2 LLM Dissertation 70 30 100
451
3 LLM Viva-voce 70 30 100
452
 YEAR 2

SEMESTER III

PAPER I

LMC 301:JUVENILE DELIQUENCY

Teaching Scheme Examination Scheme:
Lectures: 4 Hr/Week Class test- 12marks
Tutorial:1hr/Week Teacher Assessment: 6 marks
Attendance: 12 marks
Credit: 5 End Semester Exam: 70 marks

Detailed syllabus

1. The Basic Concepts

The conception of ‘child in Indian Constitutional and penal
Code. 1.2.Delinquent juvenile.
“Neglected “juvenile.
The overall situation of children / young persons in India, also with reference to crime statistics
(of crimes by and against children).
2. Determining Factors of Juvenile
Delinquency 2.1.Differential association.
2.2.Anomie.
2.3.Economic
Pressure. 2.4.Peer
group influence.
2.5.Gang sub-
culture.
2.6.Class differentials.
3. Legislative Approaches.
Legislative approaches during the late
colonial era. 3.2.Children’s Act.
3.3.Legislative position in various
States. 3.4.The Juvenile Justice
Act.
Constitutional aspects.
Distinction between “Neglected “and” delinquent”
Juveniles. 3.4.3.Competent authorities.
3.4.4.Procession safeguards for
juveniles. 3.4.5.Powers given to
government.
3.4.6.Community participation as envisaged under the Act.
4. Indian Context of Juvenile Delinquency
The child population percentage to total sex-ratio, urban /rural /rural-urban.
Neglected- below poverty line, physically and mentally disabled, orphans, destitute, vagrants.
Labourers.
In organised industries like zari, carpet, bidi, glass.
In unorganized sector like domestic servant, shops and establishment, ragpickers family trade.
Delinquent- number, sex- ratio, ratio to adult crime, types of offences committed, recidivism, rate
of increase background.
Drug addicts.
 Victims.
Of violence – sexual abuse, battered, killed by presents.
Of criminal activities like bootlegging, drug pollution as a response of protective approach.
5. Judicial Contribution
Social action litigation concerning juvenile
justice. 5.2.Salient judicial decisions.
5.3.Role of legal profession in juvenile justice.
6. Implementation
6.1.Institutions, bodies,
personal.
6.2.Recruiting and funding agencies.
6.3.Recruitment qualifications and salaries
or fund. 6.4.Other responsibilities of each
agency/ person. 6.5.Coordination among
related agencies.
6.6.Accountability – annual reports and accessibility of public to juvenile justice institution.
7. Preventive Strategies.
State Welfare programmes, health, nutrition, ICWS, grants – in – aid.
Compulsory education.
Role of community, family, voluntary, bodies, individuals.
BOOKS Recommended;
1. National institute of Social Defence, Models Rules under the Juvenile Justice Act, (1986).
2. K.S. Shukla, Adolescent Offenders (1985).
3. United Nations, Beijing Rules on Treatment of young Offenders (1985).
4. Myron Weiner, The Child and State in India (1990).
5. The United Nations Declaration on the Rights of Children.
6. UNICEF periodic materials.
 PAPER II

LMC 302:COLLECTIVE VOILENCE AND CRIMONALJUSTICE SYSTEM

Teaching Scheme Examination Scheme:
Lectures: 4 Hr/Week Class test- 12marks
Tutorial:1hr/Week Teacher Assessment: 6 marks
Attendance: 12 marks
Credit: 5 End Semester Exam: 70 marks

Detailed syllabus

1. Introductory
Notions of “Force “. “Coercion. “violence”.
Distinctions: “Symbolic “institutionalized”, structural violence”.
Legal order as a coercive normative order.
Force-monopoly of modern law.
“Constitutional “and a Criminal “speech: Speech as incitement to violence.
“Collective political violence “and legal order.
Notion of legal and extra “repression”.
2. Approaches to violence in India.
Religiously sanctioned structural violence: Caste and gender based.
Ahimsa in Hindu, Jain, Buddhist, Christian , and Islamic traditions in India.
Gandhiji’s approaches to non- violence.
Discourse on political violence and terrorism during colonial struggle.
Attitudes towards legal order as possessed of legitimate monopoly over violence during the
colonial period.
3. Agrarian Violence and Repression.
The nature and scope of agrarian violence in the 18 -19 centuries India.
3.2.Colonial legal order a causative factor of collective political (agrarian )
violence .
The Telangana struggle and the legal order.
The Report of the Indian Human Rights Commission on Arwal Massacre.
4. Violence against the Scheduled Castes.
Notion of Atrocities.
Incidence of Atrocities.
Uses of criminal Law to combat atrocities or contain Atrocities or contain aftermath of Atrocities.
Violence Against Women.
5. Communal Violence
Incidence and courses of “communal
“Violence. 5.2.Findings of various
commissions of enquiry.
5.3.The role of police and Para – military systems in dealing with communal
violence. 5.4.The role of police and Para- military systems in dealing with
communal violence. NOTE: Choice of further area will have to be made by
the teacher and the taught.
BOOKS Recommended;
U. Baxi, “Dissent, Development and Violence “in R. Meagher (ed.). Law and Social
Change: Indo – American Reflections 92 (1988).
U. Baxi (ed.). Law and poverty: Critical Essays, (1988).
A.R. Desai. (ed.). Peasant Struggles in India (1979).
A.R. Desai (ed.). Peasant Struggles in India: After independence (1986) A.R.
Desai, Violation of democratic Rights in India (1986).
D.A. Dhangare, peasant Movement in India: 1920-1950(1983).
Ranjit Guha, Element any Aspects of Peasant Insurgency in Colonial India
(1983) Ranjit Guba, (ed.). Subaltern Studies Vol. 1-6 (1983-1988).
T. Honderich, Violence for Equality (1980).
Mark Juergensmeyer,” The Logic of Religious Violence: The Case of
Punjab” 22 Contributions to Indian Sociology 65 (1988).
Rajni Kothari, State Against Democracy (1987).
G. Shah, Ethnic Minorities and Nation Building: Indian Experience (1984).
K.S. Shukla,” Sociology of Deviant Behavior,” in 3 ICSSR Survey of Sociology and
Social Anthropology 1969 – 1979)1986.
 PAPER III

LMC 303:COMPARATIVE CRIMINAL LAW

Teaching Scheme Examination Scheme:
Lectures: 4 Hr/Week Class test- 12marks
Tutorial:1hr/Week Teacher Assessment: 6 marks
Attendance: 12 marks
Credit: 5 End Semester Exam: 70 marks

Detailed syllabus
1. Principles of legality – Classification of Offences – Kinds of Punishments – general defense
(Infancy, insanity, consent ,necessity and private defense) Abetment and attempt – recidivism
and euthanasia.
2. Culpable homicide and murder - rape and unnatural offences – theft and robbery – definition –
offences relating to marriage.
3. Hierarchy of Criminal Courts and their jurisdiction – police – power and functions – judicial
officer in investigation – prosecuting agencies –role of public prosecutor.
4. Law of arrest and procedure – rights of the arrested and accused – evidentiary value of
statements- bail procedure- sentencing process.
6. Accusatorial and inquisitorial system – presumption of innocence – types of trial – speedy
justice role of judge , prosecution and defense Attorney during trial – victims role in penal
process – plea bargaining –appeal procedure –legal aid public participation in Criminal
Justice.
Note : Countries to be studied : India , U.K. & U.S.A.
Books Recommended
1. R.V. Kelkar – Criminal Procedure Code 1973.
2. Devlin – Criminal Prosecution in England.
3. Esmein – History of Continental procedure (Chapter. I&II).
4. Coffee (Alam)- An Introduction to Criminal Justice System and process.
5. Karkin Delmov- Anglo- American Criminal Justice.
6. Report of the Law Commission (14th &41st).
7. Cases and Material Prepared by the teachers.
 SEMESTER IV

PAPER I

LLM 401: JUDICIAL PROCESS

Teaching Scheme Examination Scheme:
Lectures: 4 Hr/Week Class test- 12marks
Tutorial:1hr/Week Teacher Assessment: 6 marks
Attendance: 12 marks
Credit: 5 End Semester Exam: 70 marks

Objectives of the course

A Lawyer. whether academic or professional is expected to be competent to analyse and
evaluate the legal process from a broader juristic perspective. Hence a compulsory paper on
judicial process is essential in the LLM. curriculum. The objective of this paper is to study the
nature of judicial process as an instrument of social ordering. It is intended to highlight the role
of court as policy maker. participant in the power and as an instrument of social change. This
paper further intends to expose the intricacies of judicial creativity and the judicial tools and
techniques .employed in the process. Since the ultimate aim of any legal process or system is
pursuit of justice, a systematic study of the concept of justice and its various theoretical
foundations is required. This paper, therefore, intends to familiarize the students with various
theories, different aspects and alternative ways, of attaining justice.

The following syllabus prepared with the above perspective will spread over a period of one.
Semester:.
1. Nature of Judicial Process.
1.1 Judicial Process as an instrument of social ordering
1.2. Judicial process as creativity in law- common law model -Legal Reasoning and
growth of law. change and stability.
1.3. The tools and techniques of judicial creativity and precedent.
1.4. Legal development and creativity through legal reasoning under statutory and
codified systems.
2. Special Dimensions of judicial process in Constitution Adjudications.
2.1 Notions of judicial review.
2.2 Role' in constitutional adjudication-various theories of judicial role.
2.3 Tools and techniques in policy -making and creativity in constitutional
adjudication.
2.4 Varieties of judicial and juristic activism.
2.5 Problem of accountability and judicial law making

3 Judicial Process in India.

3.1. Indian debate on the role of judges and on the notion of judicial review.
3.2. The "Independence of judiciary and the "political" nature of judicial process.
3.3. Judicial activism and creativity of the Supreme Court the tools and techniques of
creativity
3.4. Judicial process in pursuit of constitutional goals and values new dimensions of
Judicial activism and structural challenges.
3.5. Institutional liability of courts and judicial activism scope and limits

4. The Concepts of Justice

 4.1 The concept of justice or Dharma in Indian thought
4.2 Dharna as the foundation of legal ordering in Indian thought.
4.3 The concept and various theories of justice in the western thought.
4.4 Various theoretical bases of justice: the liberal contractual tradition, the liberal
utilitarian and the liberal moral tradition.

5. Relation between Law and Justice.

5. 1. Equivalence Theories Justice as nothing more than the positive law of the
stronger
5.2. Dependency theories - For its realization justice depends on law, but justice is not
same as the law
5.3. The independence of justice theories - means to end relationship of law and justice-
The relationship in the context of the Indian constitutional ordering.
5.4. Analysis of selected cases of the Supreme Court where the judicial process can be
seen as influenced by theories of Justice.
.
6. Interpretation- Construction and Interpretation-kinds of interpretation-Interpretation
.Dilemmas- Special Rules of interpretation-Some important considerations as Interpretation
Duties, Power and practice of Courts in interpretation Intension of Legislature The Golden rule
of interpretation The Heydon Rule of interpretation -Internal and External aids to
Interpretation.

Select bibliography:
1. Julius stone. The province and Function of Law, Part 11. Chs.1-8-16(2000), Universal. New
Delhi.
2. Cardozo, The Nature of Judicial Process ( 1995) Universal, New Delhi.
3. Henry J. Abraham. The Judicial Process ( 1998). Oxford.
4. J. stone, Precedent and the Law: Dynamics of Common Law Growth (1985) Butterworth's
5. W. Friedmann. Legal Theory (1960), Stevens, London
6. Bodenheimer. Jurisprudence - the Philosophy and Method of Law Growth ( 1997).
Universal, Delhi.
7. J. Stone. Legal System and Lawyers 'Reasonings ( 1999), Universal Delhi
8. U. Baxi. The Indian Supreme Court and politics (1980), Eastern. Lucknow.
9. Rajeev Dhavan. The Supreme Court of India-A Socio-Legal Critique of its Juristic
Techniques ( 1977), Tripathi. Bombay.
10. John Raw Is. a Theory of Justice (2000), Universal. Delhi
11. Edward ll. Levi. An Introduction to legal Reasoning (1970), University of Chicago
12. M.N. Rao & Amit Danda-N.S. Bindra Interpretation of Statues, (10" Ed) Lexis
Nexis-Butterworth.

,
 PAPER II
LLM 451: DISSERTATION

Every student has to select a topic for research duly approved by the Head of the department and
take up the research work during the course of the 4th semester. The topic must be chosen at the end
of the 3rd semester and the approval would be communicated at the beginning of the 4th semester.
The research must be carried out under the Supervision of a teacher, who has be experienced and
qualified to be a Professor/Associate Professor/ Assistant Professor.

The topic so chosen must not have been the topic of dissertation by any other student of that institute
during the last 5 Years. The topic chosen must have utility and of Current value. However, if the
teacher has a doctoral degree the limit of experienced may be waived.

The dissertation must be of at least of 100 pages typed on one side of the Paper with one and half
space and 11/2” margin. Methodology prescribed must be strictly followed in regard to citation,
Bibliography, chapter index etc. It must be the original work of the Candidate. The dissertation must
be submitted at least 15 days before the Commencement of the final semester (IV Semester)
examination. The dissertation shall be evaluated for a maximum of 200 marks by two examiners one
external and the other internal) and the average marks would be taken, further, there would be viva-
voce examination by a committee consisting of one external examiner and one internal examiner,
which would contain 100 marks.
A Candidate should get 50% of the total marks i.e. 100 out of 200 marks assigned to this paper in
order to obtain a pass in this paper. A Candidate who fails in this paper has to resubmit dissertation
after attending to all the queries raised or mistakes pointed out by the examiners or submit a fresh
dissertation on a new topic assigned if the dissertation is found to be very poor, as the case may be.
In case, the dissertation found to be a copy of the dissertation submitted by any student earlier either
to this University or any other University, The candidate would be debarred from getting LL.M.,
degree.