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Session: July To Nov. 2013: Introduction of The Subject

The document provides an introduction and objectives for a course on the Code of Criminal Procedure. It discusses how criminal procedure is necessary to enforce criminal law and bring offenders to court to prove their guilt. It outlines 9 units that will be covered, including introduction, arrest, search and seizure, investigation, charge, trials, bail, appeals and revisions. Finally, it lists relevant books, law commission reports, acts, and websites that can provide further information on the subject.

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Navneet Singhrol
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83 views4 pages

Session: July To Nov. 2013: Introduction of The Subject

The document provides an introduction and objectives for a course on the Code of Criminal Procedure. It discusses how criminal procedure is necessary to enforce criminal law and bring offenders to court to prove their guilt. It outlines 9 units that will be covered, including introduction, arrest, search and seizure, investigation, charge, trials, bail, appeals and revisions. Finally, it lists relevant books, law commission reports, acts, and websites that can provide further information on the subject.

Uploaded by

Navneet Singhrol
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Session: July to Nov.

2013
THE CODE OF CRIMINAL PROCEDURE

Semester VII

Introduction of the Subject:

Of all the branches of law, criminal law is the most important branch of law, because it closely
touches and concerns man in his day-today affairs.

From the beginning of the human civilization the human society has prescribed a code of conduct
for its members. Any act or anti-social behaviour which will violate the code of conduct and will reduce
human happiness is considered as crime. But violations are bound to occur and crime is inevitable. It is the
responsibility of the state to protect the members of the society from any anti-social behaviour and hence the
state makes criminal laws with the object to protect the society from the criminals. The Criminal law
occupies a predominant place among the agencies of social control. But when a person commits a crime he is
not automatically punished or he himself will not come and confess that has committed a crime and accept
punishment. There must be a procedure to enforce the criminal law. The offender must be brought before the
court and his guilt must be proved. For this process the procedural criminal law is necessary.

The Criminal Procedure Code is designed to look after the process of the administration and
enforcement of the Criminal law. The Criminal procedure is an inseparable part of the penal law. Without the
Criminal procedure code the substantive criminal law will become worthless and meaningless.

Our law of criminal procedure is mainly contained in the code of criminal procedure 1973. It
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 person.

OBJECTIVES OF THE COURSE

The Criminal Procedure code was enacted many years ago. It has undergone many changes. It is
too enormous for classroom discussion. But the students should have a fair idea about how the code works as
a main spring of the criminal justice. With this perspective the course is designed to make the student
understand how the Criminal Procedure code controls and regulates the working of the machinery set up for
the investigation and trial of offence.

Unit- I – Introduction

1. Object extent and scope of Criminal Procedure


2. Nature of Criminal Procedure
3. Preliminary Considerations
a. Classification of offences
b. Constitution of Criminal Courts
c. Functionaries under the Code
Unit II Maintenance of Wives, Children and Parents

1. Essential conditions for granting maintenance


2. Jurisdiction of Magistrates
3. Alteration of allowance
4. Cancellation of the order of the maintenance

Unit- III – Arrest

1. Meaning and purpose of arrest


2. Arrest with a warrant
3. Arrest without a warrant
4. Arrest by a private Person
5. Arrest of a woman
6. Arrest how made

Unit – IV – Search and Seizure

1. Search with a warrant


2. Search without warrant
3. General provisions relating to searches
4. Illegalities in a search and its consequences

Unit – V – Investigation

1. Meaning and purpose of Investigation


2. Who can investigate?
3. When police can investigate?
4. Information to the police
5. F.I.R. and procedure after the recording of the F.I.R
6. Evidentiary value of statements made to the police
7. Investigation in the case of unnatural deaths and suicides, in police custody etc.

Unit – VI – Charge

1. Framing of charge
2. Form and content of charge
3. Separate charges for distinct offence
4. Discharge - pre-charge evidence
Unit – VII – Trials

1. Trial before a court of session


2. Trial of warrant cases
3. Procedure for trial in a summons case
4. Summary trials

Unit – VIII – Bail

1. Bail: concept, purpose: constitutional overtones


2. When release on bail is mandatory?
3. When release on bail is Discretion?
4. Anticipatory bail

Unit – IX– Appeal, Reference, Revision and Transfer

1. Appeal
2. Reference to High Court
3. Revision
4. Transfer of cases

Bibliography

1. Ratanlal Dhirajlal, Criminal Procedure Code (1999) Universal, Delhi.


2. Chandrasekharan Pillai (ed.) Kelkar's Outlines of Criminal Procedure (2001), Eastern,
Lucknow.

Law Commission Reports

1. Forty first Report of the Law commission of India on the Code of Criminal Procedure
1898.
2. Thirty seventh Report of the Law commission of India on the Code of Criminal Procedure
1898.
3. Fourteenth Report of the Law commission of India on the Reform of Judicial
Administration.

Important Acts

1. The Code of Criminal Procedure, 1973


2. The Indian Evidence Act
3. The Indian Penal Code
4. The Code of Criminal Procedure (Amendment) Act, 2005
5. The Code of Criminal Procedure (Amendment) Act, 2008

Webliography

1. www.legalserviceindia.com
2. www.helplinelaw.com/
3. www.indiastudychannel.com

Vikash Agrawal

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