CRIMINAL PROCEDURE CODE paper 1

5036 CRIMINAL PROCEDURE CODE

(including Juvenile Justice Act and Probation of Offenders Act)

Paper-I

Unit -1: Criminal justice system: Inquisitorial and Adversary Accusatorial; International norms regarding the basic principles of criminal justice system; Constitutional perspectives - Articles 14, 20, 21 & 22: The rationale of criminal procedure, Salient features of the Criminal Procedure Code, 1973; The organization of police, prosecution & defense and prison authorities-duties, functions and powers, Constitution of criminal courts and the significance of the segregation of magistrates into judicial and executive magistrates categories under the code:Important definitions: Investigation, first information, cognizable and non cognizable offence, bailable and non bailable offences, complaint, inquiry, charge, trial, summons and warrant cases, compoundable and non compoundable offences, discharge and acquittal, appeal, revision and

reference.

Unit-2: Investigation proceedings: Initiation of investigation proceedings (sec.154-157); Interrogation powers of police officer (Sees. 160 161); evidentiary value of FIR and statements made to police officer (Sec162 of Cr.P.C. and Sec. 145 &157 of Evidence Act); Arrest with and without a warrant exercise of power and execution rules (Secs.41-60 & 70-80); Preventive powers of the Police (Sec. 149-153),Rights of arrested person (Socs.50.50A.54-57,75,76,303,304 of Cr.PC & An 22), 23 Search and Seizure (Secs.51,93-103, 165,166 & 166A, 166B). Proclamation and attachment (sec.82-89) Recording of confessions and statements (sec. 164); Special remand order (Sees.167); Police diary (Sees 172); Police report (See.173); Inquest

proceedings (Sees.174-176).

Unit-3: Jurisdiction of Courts, Inquiry proceedings & Bail provisions: General principle of jurisdiction of criminal courts (Sec. 177); Exceptions to the principle (sec. 178-188). Initiation of Inquiry proceedings (Sec. 190-194); Exceptions to the general principle of moving criminal courts (Secs.195-199); Complaint to magistrates (Sees 200-203). Inquiry proceedings before magistrates (Secs.204-209); Bail provisions (Secs.436-450).

Unit-4: Security and Maintenance proceedings: Security for keeping peace and for good behavior (Secs. 106-124), 4.2 Maintenance of Public order and tranquility: Unlawful Assemblies (Secs 129-132); Public Nuisance (Secs133-144); Disputes as to immovable property (Secs.145 148); Maintenance of wives, children and parents: Order of maintenance (Secs.125). The Muslim Women (Protection of Rights on Divorce) Act.1986): Procedure, alteration and enforcement (Secs. 127&128).

Unit-5: Trial Proceedings: Concept of fair trial: Presumption of innocence, right of silence & right to speedy trial: Charge: Content and form (Sees 211-217); General principle to be tried separately for every charge and its exceptions (Sees 218-224); Trial before a court of session (Secs 225-237); Trial of warrant cases before magistrates (Sec.238-250); Trial of summons cases (Sec.251-265); Summary trials (Secs.260-265); Pleas and limitations to bar trail: Principle of Autrefois acquit and autrefois convict (Secs 300& Art20): Compounding of offences (Sec. 320); Withdrawal from prosecution (Secs.321), ); Irregular proceedings (Sees.461,462 & 479); Limitations to take cognizance of offences. (Secs.467-473). Evidence in inquires and trials Secs.272-283); Tender of pardon (Secs.307-309): Provisions as to Accused persons of unsound

mind (S$.328-339)

Unit-6: Judgment. Appeals, Reference, Revision and Execution: Judgment: Mode and other provisions (Sec.353-365); Confirmation of death sentence (Sees.366-371); Appeals (Sees.372 394). Reference and Revision (Sec.395-405); Transfer of criminal cases (Secs 406-412); Execution, suspension, remission and commutation of sentences (Secs.413-435). Unit-7: Juvenile Justice System: Concept of juvenile justice; Historical perspective of juvenile justice system: Provisions relating to juvenile offenders under IPC(Secs.82&83) and Criminal Procedure Code(Sees 27&260): Juvenile Justice Act, 1986 Distinction between juvenile offender and neglected juvenile; Constitution of Child welfare boards and juvenile courts: Observation and juvenile homes; Powers of the State Government to constitute Advisory Boards and release the juvenile from juvenile or special home; 7.3 Juvenile Justice (Amendment) Act. 2000-major changes made to the JJ Act, 1986;

Unit-8: Probation of offenders and Parole: Concept of probation; Development of probation

system in India; Probation of Offenders Act 1958: Salient features; Role of probation officers:

Role of Judiciary in the implementation of the Act; Parole system: Concept and distinction with

the probation system

Unit-9: Reforms in Criminal Procedure: Major recommendations made in the Mall math Committee, 2002 in relation to Criminal Procedure Code; The Code of Criminal Procedure Code (Amendment) Act, 2005 important changes. The Code of Criminal Procedure Code

(Amendment) Act 2006-significant changes. Books Recommended:

R.V. Kelker, Lecturers on Criminal Procedure Code 2. S.N. Mishra, Criminal Procedure Code

1. 3. Achutan Pillai: Criminal Law, Butterworth Co. 4. Ratan Lal and Dhiraj Lal: Indian Penal Code, Wadhwa & Co. 5. Gour K.D.: Criminal Law -Cases and material, Butterworth Co.

6. Kenny's: Outlines of Criminal Law.