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Ec Appendix 67

The document outlines the course structure for LL.B. programs, specifically focusing on Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023. It details course objectives, learning outcomes, prescribed legislation, and essential readings, along with a comprehensive breakdown of course contents including general principles of criminal liability, specific crimes, and rules of evidence. The document emphasizes the importance of understanding legal principles, statutory provisions, and case laws relevant to criminal and evidence law.

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0% found this document useful (0 votes)
34 views21 pages

Ec Appendix 67

The document outlines the course structure for LL.B. programs, specifically focusing on Bharatiya Nyaya Sanhita, 2023, and Bharatiya Sakshya Adhiniyam, 2023. It details course objectives, learning outcomes, prescribed legislation, and essential readings, along with a comprehensive breakdown of course contents including general principles of criminal liability, specific crimes, and rules of evidence. The document emphasizes the importance of understanding legal principles, statutory provisions, and case laws relevant to criminal and evidence law.

Uploaded by

Neha
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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Appendix-67

EC (1270) - 27.07.2024 Resolution No. 5-29

Semester-First
LL.B. I TERM

Course Name: Bharatiya Nyaya Sanhita, 2023


Course Code: LB-104
Course Credits: 5

Course Objectives:

The primary objectives of this course are


• To familiarize the students with the key concepts regarding Crime and general
principles of Criminal Liability.
• To expose the students to the range of mental states that constitute the mental element
mens rea essential to constitute criminal behavior and the grounds that provide
exemption from criminal liability.
• To inform the students that this law aims at ensuring justice and equity
within the legal framework.
• To educate the students about the shift of orientation in Bhartiya Criminal justice
system from punishments towards Nyaya and introduction of the community service as
a form of punishment.
• To teach students about acts that amount to specific offences under the Bhartiya Nyaya
Sanhita along with the latest legislative and judicial developments in the field of
Criminal Law.

Course Learning Outcomes:

Upon successful completion of this course, the students shall gain the competence to
1. Identify the elements of a crime and distinguish between behaviours that entail civil or
criminal liability.
2. Be familiar with the range of specific offences provided under the Bharatiya Nyaya
Sanhita, 2023.
3. Assess and analyze the statutory provisions in the light of settled legal principles.
EC (1270) - 27.07.2024

Prescribed Legislation:
Bharatiya Nyaya Sanhita, 2023

Prescribed Books:
• R.C. Nigam, Law of Crimes in India (Asia Publishing House, Vol I,
1965)
• Deswal Vageshwari & Kansal Saurabh, Bharatiya Nyaya Sanhita, 2023
Law and Practice (Taxmann, New Delhi, 2024)
• Misra, S.N. The Indian Penal Code. (Eastern Book Company, Lucknow,
2012)
• RatanLal & DhirajLal, Indian Penal Code, (Lexis Nexis XXXII ed.
2013)
• K.D. Gaur, Criminal Law: Cases and Materials, (Butterworths: VIII
ed., 2015)
• K.N.C. Pillai & Shabistan Aquil (Rev.), Essays on the Indian Penal
Code (The Indian Law Institute, New Delhi, 2005)
• Gour, Hari Singh, Commentaries on Penal Law of India. In 4 vol.
( A l l a h a b a d Law Publishers,, X ed, 2014))
EC (1270) - 27.07.2024

COURSE CONTENTS

General Principles of Criminal Liability (Units 1-4)

Specific Crimes (Unit 5-10)

Unit 1

Elements of Crime
• Distinction between Civil and Criminal Liability

• Principles of Mens rea and Strict liability

• Types of Punishments prescribed under BNS, 2023 (Sections 4-13)

• Retention of Death Penalty and Introduction of Community Service

Case Laws

• State of Maharashtra v. Mayer Hans George, AIR 1965 SC 722

• State of M.P. v. Narayan Singh, (1989) 3SCC 596


• Machhi Singh and Others v. State of Punjab, AIR 1983 SC 957

Unit 2

General Exceptions (Sections 22, 23, 24, 34-44)


• Unsoundness of Mind

• Intoxication

• Private Defence

Case Laws

• Basdev v. State of PEPSU AIR 1956 SC 488

• Srikant Anandrao Bhosale v. State of Maharshtra (2003) 7 SCC 748

• Deo Narain v. State of UP AIR 1973 SC 473

• James Martin v. State of Kerala (2004) 2 SCC 203


EC (1270) - 27.07.2024

Unit 3

Inchoate Crimes (Sections 45-62, 107-109, 226)


• Abetment

• Criminal Conspiracy

• Attempt

Case Laws

• Satvir Singh v. State of Punjab AIR 2001 SC 2828

• State of Tamil Nadu v. Nalini and 25 others (AIR 1999 SC 2649)

• State of Maharashtra v. Mod. Yakub (1980)3 SCC 57

• Gian Kaur v. State of Punjab (1996) 2 SCC 648 Can be


removed

Unit 4

Joint Liability and Group Liability


• Common Intention [Section 3(5)(6)(7)(8)(9)]

• Common object, Unlawful Assembly (Section 189)

Case Laws

• Suresh v. State of UP (2001) 3 SCC 673

• Mizaji’s case can be added


• Maina Singh v. State of Rajasthan (1976) 2 SCC 827

Unit 5

Offences against Woman


EC (1270) - 27.07.2024

• Sexual Offences (Sections 63-73)

• Of Criminal force and Assault against Woman (Sections 74-79)

• Offences relating to marriage (Sections 80-87)

Case Laws

• Kanwar Pal Singh Gill v. State (Adm., U.T. Chandigarh) through Secy., (2005)
6 SCC 161

• State of Punjab v. Gurmit Singh, (1996) 2 SCC 384

• Independent Thought v. Union of India (2017) 10 SCC 800


• Social Action Forum for Manav Adhikar and Another v. Union of India and Ors.
Minstry Law and Justice and others AIR 2018, SC 4273

Unit 6

Offences affecting Human Body (Part 1)

Offences affecting Life (Sections 100-105)


• Culpable Homicide

• Murder

• Mob Lynching

Case Laws

• Rawalpenta Venkalu v. State of Hyderabad, AIR 1956 SC 171

• Palani Goundan v. Emperor, 1919 ILR 547

• In re Thavamani, AIR 1943 Mad 571

• Emperor v. Mushnoorunarayna Murthy (1912) 22 MLJR 333 Mad

• Virsa Singh v. State of Punjab, AIR 1958 SC 465

• State of AP v. R, Punnayya, AIR 1977 SC 45

• Emperor v. Dhirajia, AIR 1940 All. 486


EC (1270) - 27.07.2024

• Gyarsibai v. The State AIR 1953 M.B. 61

• KM Nanavati v. State of Maharashtra AIR 1962 SC 605

• Ghapoo Yadav v. State of MP (2003) 3 SCC 528

Unit 7

Offences affecting Human Body (Part II)

Offences affecting Life (Sections 106, 111, 112, 113)


• Causing Death by Negligence

• Organised Crime

• Petty Organised Crime

• Terrorist Act

Case Laws

• Cherubin Gregory v. State of Bihar AIR 1964 SC 205

• SN Hussain v. State of Andhra Pradesh, AIR 1972 SC 685

Unit 8

Specific Crimes against Children, Human Body and the


State

(Sections 137, 138, 143, 95, 98, 99, 152)


• Kidnapping

• Abduction

• Trafficking

• Hiring/ employing/ engaging a child to commit an offence

• Selling/buying child for purpose of prostitution, etc.


EC (1270) - 27.07.2024

• Act endangering Sovereignty, Unity and Integrity of India

Case Laws

• S. Vardrajan v. State of Madras, AIR 1965 SC 942

• Thakorlal D. Vadgama v. State of Gujarat AIR 1973 SC 2313


• Vinod Dua v. Union of India AIR 2021 SC 3239

Unit 9

Offences against Property (Part-1)


(Sections 2 (21), 303-313)

• Theft

• Snatching
• Extortion

• Robbery

• Dacoity

Case Laws

• Pyare Lal Bhargava v. State of Rajasthan AIR 1963 SC 1094

• State of Karnataka v. Basavegowda (1997) Cr. L.J. 4386 (kant) 288

Unit 10

Offences against Property (Part-II)

(Sections 314-316, 318, 319)


• Criminal Misappropriation of Property

• Criminal Breach of Trust

• Cheating
EC (1270) - 27.07.2024

Case Laws

• Jaikrishandas Manohardas Desai v. State of Bombay, AIR 1960 SC 889

• Mahadeo Prasad v. State of West Bengal, AIR 1954 SC 724

• Akhil Kishore Ram v. Emperor, AIR 1938 Pat, 185

IMPORTANT NOTE:

1. The topics, cases and suggested readings given above are not exhaustive. The

Committee of teachers teaching the Course shall be at liberty to revise the


topics/cases/suggested readings.

2. Students are required to study/refer to the legislations as amended from time


to time, and consult the latest editions of books.

3. The Question Paper shall include eight questions out of which five will be
required to be attempted.

*********
EC (1270) - 27.07.2024

Semester-Second
LL.B. II TERM
Course Name: Bharatiya Sakshya Adhiniyam, 2023
Course Code: LB-201
Course Credits: 5

Course Objectives:

This Course aims to fulfil the following objectives:


• Familiarize students with the general rules and principles of evidence as enshrined
under the Bharatiya Sakshya Adhinyam, 2023.
• Introduce students to the precise and uniform rules of practice of courts while
dealing with facts and circumstances of the case, by means of evidence.
• Educate the students about the purpose of law of evidence, i.e.,
streamlining the processes related to gathering and presenting evidence in
legal proceedings to ensure fair trial and efficient administration of justice.
• Acquaint the students with the impact of technological advancements in the
country upon the new law related to evidence.
• Highlight the changes brought about in the Bharatiya Sakshya Adhiniyam, 2023, in
comparison with the predecessor law, i.e. the Indian Evidence Act, 1872.

Course Learning Outcomes:

Upon successful completion of this course, the students will be able to gain competence in the
following areas:
• Describe the concept and nature of different types of evidence including electronic

and digital evidence.


• Understand the concept of ‘burden of proof’, and the standard of burden of proof to
be followed in civil and criminal cases.
• Identify and apply the rules relating to relevance and admissibility of evidence in
courts.

i
EC (1270) - 27.07.2024

• Explain the role and presumption powers endowed upon the judges during the trials.
• Assess and analyze the statutory provisions in the light of settled legal principles.
• Appraise the role played by the witnesses during a trial, and the evidentiary value
attached to ocular evidence vis-à-vis scientific evidence.
• Evaluate the applicability and admissibility of forensic science in civil and criminal
cases along with the admissibility of expert opinion.
• Critique the procedure of examination of witnesses and different categories of
witnesses involved in a suit or proceeding.

Prescribed Legislation:
Bharatiya Sakshya Adhiniyam, 2023.

Prescribed Books:
• Saurabh Kansal and Vageshwari Deswal, Bharatiya Sakshya Adhiniyam 2023: Law
and Practice (Taxmann, 2024).
• Sudipto Sarkar, Commentary on Law of Evidence (Sweet & Soft, 8th edn., 2023).
• Shakil Ahmad Khan, Woodroffe and Amir Ali: Law of Evidence (LexisNexis, 21st
edn., 2022).
• K.A. Pandey, Vepa P. Sarathi’s Law of Evidence (Eastern Book Company, 8th edn.,
2021).
• M. Monir, Textbook on The Law of Evidence (LexisNexis, 12th edn., 2021).
• Yuvraj P. Narvankar, Electronic Evidence in the Courtroom: A Lawyer’s Manual
(LexisNexis, 2022).

ii
EC (1270) - 27.07.2024

COURSE CONTENT

I. GENERAL ISSUES RELATING TO LAW OF EVIDENCE


a) Re-enactment of past events for deducing blameworthiness or entitlements of the
parties is the core enquiry of evidence law.
b) Similarities between the historians, authors, media persons and lawyers in their re-
enactment of ‘past event’ enterprise.
c) Why do the rules of evidence have different significance under the Adversarial
System and Inquisitorial Systems of Justice?
d) History of statutory evidence law in India.
e) Situation pre and post Indian Evidence Act, 1872.
f) Changes introduced in evidence law by the Bharatiya Sakshya Adhiniyam, 2023.
g) Words and expressions used in the Bharatiya Sakshya Adhiniyam, 2023 which are
not defined under this legislation, but defined under the Information Technology
Act, 2000, the Bharatiya Nagarik Suraksha Sanhita, 2023 and the Bharatiya Nyaya
Sanhita, 2023 shall have the same meaning as assigned to them under the aforesaid
legislations.
h) Role of Judiciary, particularly the appellate judiciary, in updation of the rules of
evidence law by judicial creativity.
i) Understanding the concepts such as: ‘Document’, ‘Evidence’, ‘Facts’, ‘Facts in
issue’, ‘Relevant Fact’, ‘Proved’, ‘Disproved’ and ‘Not Proved’.
j) Relationship between law of evidence and substantive laws (Criminal and Civil
laws) and procedural laws (Bharatiya Nagarik Suraksha Sanhita, 2023 and The
Code of Civil Procedure, 1908).

II. RELEVANCY AND ADMISSIBILITY OF FACTS


(a) (i) Logically relevant facts (Sections 3-7 and 9)
(ii) Special class of relevant facts relating to Conspiracy (Section 8)
(b) Stated relevant facts
(i) Admissions – Sections 15-21 and 25
(ii) Confessions – Sections 22-24
(iii) Dying Declarations – Section 26(1)
(c) Opinion of Third Person when relevant – Sections 39-45

iii
EC (1270) - 27.07.2024

Caselaw
1. State of Maharashtra v. Prafulla B. Desai (Dr.), (2003) 4 SCC 601
2. R. M. Malkani v. State of Maharashtra, AIR 1973 SC 157
3. Mirza Akbar v. Emperor, AIR 1940 PC 176
4. Badri Rai v. State of Bihar, AIR 1958 SC 953
5. Mohd. Khalid v. State of W.B. (2002), 7 SCC 334
6. Jayantibhai Bhenkerbhai v. State of Gujarat, (2002) 8 SCC 165
7. Bishwanath Prasad v. Dwarka Prasad, AIR 1974 SC 117
8. Central Bureau of Investigation v. V.C. Shukla, AIR 1998 SC 1406
9. Veera Ibrahim v. State of Maharashtra, AIR 1976 SC 1167
10. Aghnoo Nagesia v. State of Bihar, AIR 1966 SC 119
11. Pulukuri Kottaya v. Emperor, AIR 1947 PC 67
12. Bodhraj v. State of J&K (2002), 8 SCC 45
13. Khushal Rao v. State of Bombay, AIR 1958 SC 22
14. Sudhakar v. State of Maharashtra (2000), 6 SCC 671
15. Patel Hiralal Joitaram v. State of Gujarat, (2002) 1 SCC 22
16. Laxman v. State of Maharashtra, (2002) 6 SCC 710
17. Ram Narain v. State of U.P., AIR 1973 SC 2200: (1973) 2 SCC 86
18. Dharam Deo Yadav v. State of U.P., (2014) 5 SCC 509*
19. Mukesh & Anr. v. State (NCT of Delhi) & Ors., (2017) 6 SCC 1*

III. ON PROOF
(a) (i) Facts which need not be proved (Sections 51-53)
(ii) Facts which the parties are prohibited from proving
Doctrine of Estoppel (Sections 121-123)
(iii) Privileged communications (Sections 128-134)
(b) (i) Oral and documentary evidence (Sections 54-77 with a special emphasis
on Section 61 which deals with ‘Electronic or Digital Record’)
(ii) Exclusion of oral by documentary evidence (Sections 94-95)
Caselaw
20. R. S. Maddanappa v. Chandramma, (1965) 3 SCR 283
21. Madhuri Patel v. Addl. Commissioner, Tribal Development, AIR 1995 SC 94
22. Sanatan Gauda v. Berhampur University, AIR 1990 SC 1075
23. M.C. Verghese v. T.J. Ponnan, AIR 1970 SC 1876
iv
EC (1270) - 27.07.2024

24. State of U.P. v. Raj Narain, AIR 1975 SC 865

IV. ACCOMPLICE EVIDENCE [Section 138 read with Section 119


Illustration (b)]
Caselaw
25. Bhuboni Sahu v. The King, AIR 1949 PC 257
26. Haroon Haji Abdulla v. State of Maharashtra, AIR 1975 SC 856
27. Ravinder Singh v. State of Haryana, AIR 1975 SC 856

V. WITNESSES: COMPETENCE AND EXAMINATION


(a) (i) Child Witness (Section 124)
(ii) Dumb Witness (Section 125)
(iii) Hostile Witness (Section 157)
(b) Examination, cross-examination, and re-examination- Sections 142-144 and
158
Caselaw
28. State of Bihar v. Laloo Prasad, (2002) 9 SCC 626

VI. PRESUMPTIONS
Sections 2(1), 35, 108, 115, 116, 117, 118, 119 and 120
Caselaw
29. Goutam Kundu v. State of West Bengal, AIR 1993 SC 2295
30. Dipanwita Roy v Ronobroto Roy, AIR 2015 SC 418

IMPORTANT NOTE:
1. The topics and cases given above are not exhaustive. The teachers teaching the
course shall be at liberty to add new topics/cases.
2. The students are required to study the legislations as amended up-to-date and
consult the latest editions of books.
3. The Question Paper shall include eight questions out of which five will be
required to be attempted.
*****

v
EC (1270) - 27.07.2024

Second Semester
LL.B. II Term

The Bharatiya Nagarik Suraksha Sanhita, 2023

Paper No. LB-203

FACULTY OF LAW
UNIVERSITY OF DELHI, DELHI- 110007
2024
EC (1270) - 27.07.2024

LL.B. - II Term
The Bharatiya Nagarik Suraksha Sanhita, 2023
Paper No. LB- 203

The primary objectives of this course are to:-

● To familiarise the students with the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS) that has replaced the Code of Criminal Procedure, 1973 (CrPC).

● To highlight the key changes introduced in the BNSS in order to ensure a criminal
justice system with simple procedures, forensic investigation for serious offences,
reduced pendency of cases, improvement in conviction rates, use of technology to
facilitate access to justice and specified timelines for justice delivery.

● To discuss the procedure for 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) under the BNSS
while highlighting how these procedures are different from the CrPC.

● To compare the coverage of critical issues in administration of criminal justice like


protection of human rights of accused, victims and the principles of fair trial in the
BNSS and the CrPC.

Learning Outcomes:
At the end of the course, the students will be able to:

l. Identify the key changes introduced in the BNSS as compared to the CrPC.
2. Explain the powers, functions and duties of police and criminal courts under the
BNSS.
3. To critically analyse the significance of the new provisions in the BNSS.
4. Employ and promote adoption of humane and just practices in administration
of criminal justice with emphasis on protection (suraksha) of the citizen.
EC (1270) - 27.07.2024

5. Be equipped with an understanding of the legal landscape to


navigate through and contribute effectively to the evolving legal
system.

Prescribed Legislation:
The Bharatiya Nagarik Suraksha Sanhita, 2023

Prescribed Books:
1. Saurabh Kansal, Vageshwari Deswal, Shruti Goyal, Bharatiya Nagarik
Suraksha Sanhita 2023 Law and Practice, (Taxmann Publications Private
Limited, April 2024).
2. K.N.Chandrsekharan Pillai (Rev.), R. V. Kelkar’s Criminal Procedure, (7th
ed., 2021).
3. K.N.Chandrsekharan Pillai (Rev.), R. V. Kelkar’s Lectures on Criminal
Procedure, (6th ed., 2017).

Topics

1. Introduction to BNSS
a. Importance of Criminal Procedure
b. Comparative Table - BNSS vis a vis Cr PC.
c. Stakeholders and Functionaries in the Criminal Justice Administration System
d. Hierarchy, powers and duties of Criminal Courts
e. Definitions- Sections 2(1)(a), 2(1)(k), 2(1)(l), 2(1)(x), 2(1)(y), and 2(1)(z)

2. Initiation of Criminal Case

Section 2 (1)(g), Section 2 (1)(h), Section 2 (1)(o), Section 2 (1)(t), Section 2 (1)(u),
Sections 173 to 175, Sections 179 – 184, Section 187, Section 193, Section 196.
In the scheme of the BNSS, 2023, for the purposes of setting criminal investigation
machinery 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
EC (1270) - 27.07.2024

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
Lalita Kumari v. Govt. of Uttar Pradesh, 2008 (11) SCALE 157
Lalita Kumari v. Govt. of Uttar Pradesh, 2013 (13) SCALE 559
Lalita Kumari v. Govt. of Uttar Pradesh, Crl.M.P. no.5029 of 2014 in
Writ Petition (Crl.) No.68 of 2008
Youth Bar Association of India v. Union of India, (2016) 9 SCC
473
State of Orissa v. Sharat Chandra Sahu, (1996) 6 SCC 435
Madhu Bala v. Suresh Kumar, (1997) 8 SCC 476
Sakiri Vasu v. State of Uttar Pradesh, (2008) 2 SCC 409

Vinubhai Haribhai Malaviya v.State of Gujarat, 2019 SCC OnLine


SC 1346

3. Investigation
Sections 176, 35 – 38, 43-44, 96, 47-48, 49 -51, 52, 53 -54, 56-58, 62.

a. Procedure for Investigation


b. Arrest – procedure and rights of arrested person
c. Search and seizure (Sections 185, 186 read with Sections 103 and 105)

Cases:
D.K.Basu v. State of West Bengal, (1997) 6 SCC 642
State of Haryana v. Dinesh Kumar, (2008) 3SCC 222
Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273
EC (1270) - 27.07.2024

4. Bail
Sections 2(1)(b), 2(1)(c), 2(1)(d), 2(1)(e), 478 – 483.

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 here.
a. Grant of Bail, including anticipatory bail
b. Cancellation of Bail
c. Compulsory release

Cases:
State v. Captain Jagjit Singh, (1962) 3 SCR 622
Moti Ram v. State of M.P., (1978) 4 SCC 47
Gurcharan Singh v. State (Delhi Admn.), (1978) 1 SCC 118
Sanjay Chandra v. Central Bureau of Investigation, (2012)1 SCC 40
Shri Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1
State (Delhi Administration) v. Sanjay Gandhi, (1978) 2 SCC 411
Gautam Navlakha v. National Investigation Agency, 2021 SCC
OnLine SC 382

5. Pre-Trial Proceedings
Sections 210, 213, 222, 223, 225, 227, 232-247, 251.
a. Cognizance of Offences
b. Committal Proceedings
c. Framing of Charges
EC (1270) - 27.07.2024

Cases:

Mohan Singh v. State of Bihar, (2011)9 SCC 272


Ajay Kumar Parmar v. State of Rajasthan, (2012) 9 SCALE 542

6. Trial

Sections 2(1)(x), 2(1)(y), 2(1)(z), 248-249, 253-254, 256-257, 265-267, 274,


283, 285 and 530.
a. Differences among warrant, summons, and summary trials
b. Production of Witnesses - Summons and warrants
c. Section 360 -Withdrawal of Prosecution

Cases:

Abdul Karim v. State of Karnataka, (2000) 8 SCC 710

7. Rights of Accused and Victims


a) Features of Fair Trial – Sections 308, 337, 340-341, 351, 354, 355, 358, 360,
366, 446, 449; Articles 20 (1) (3), 22(1), 39A of the Constitution
b) Rights of Victims – Sections 395, 396, 397, and 413, Proviso
c) Witness Protection -Section 398
d) Delhi High Court Guidelines for Protection of Vulnerable Witnesses.
e) Witness Protection Scheme 2018

Cases:

Zahira Habibulla H. Shiekh v. State of Gujarat,(2004) 4 SCC 158


Mohammed Hussain v. State (Govt. of NCT Delhi),(2012) 9 SCC 408
Mohd. Ajmal Amir Kasab v. State of Maharashtra,(2012) 9 SCC 1
Hardeep Singh v. State of Punjab,(2014) 3 SCC 92
Mehmood Nayyar Azam v. State of Chhattisgarh,
(2012) 8 SCC 1
Mrs. Neelam Katara v. Union of India, ILR (2003) II Del 377

8. Judgment
EC (1270) - 27.07.2024

Sections 250, 252, 255, 258, 262, 264, 269, 271, 275, 287, 288, 392, and 393.
a. Discharge and acquittal
b. Conviction
c. Hearing on sentence
d. Content of judgments.

Cases:

Ajay Pandit @ Jagdish Dayabhai Patel v. State of Maharahtra,


(2012) 8 SCC 43

9. Other Means of Disposal of Cases


a. Plea Bargaining
● 154th Report of the Law Commission of India, 1996, pp.
51-54 CAN BE REMOVED
● Chapter XXIII- Plea Bargaining (Sections 289-300)

b. Compounding of cases: Section 359

c. Probation: Sections 401-402

10. Appeals, Inherent Powers of the High Court


Sections 413, 415-417, and 528.

Cases:

Gian Singh v. State of Punjab, (2012) 10 SCC 303


State of M.P. v. Deepak, (2014) 10 SCC 285
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur. v. State of Gujarat,
(2017) 9 SCC 641

Important note –
EC (1270) - 27.07.2024

1. The topics and cases given above are not exhaustive. The teachers teaching the
course shall be at liberty to add new topics/cases.
2. The students are required to study the legislations as amended up to date and
consult the latest editions of books.

***********

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