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LL.M Criminal Syllabus

This document outlines the course units for the LLM (CRIMINAL LAW) semester 1. The 5 units cover topics like: 1. Research methodology and legal writing skills including research design, techniques, tools, and legal writing. 2. Comparative public law focusing on constitutional law comparisons between common law and civil law systems. 3. Global justice issues like theoretical approaches, challenges, and the role of global institutions. 4. Criminology and criminal justice administration including definitions of crime, social influences, and prevention. 5. Victimology including the concept of victims, patterns of victimization, impacts, and compensation systems.

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0% found this document useful (0 votes)
290 views10 pages

LL.M Criminal Syllabus

This document outlines the course units for the LLM (CRIMINAL LAW) semester 1. The 5 units cover topics like: 1. Research methodology and legal writing skills including research design, techniques, tools, and legal writing. 2. Comparative public law focusing on constitutional law comparisons between common law and civil law systems. 3. Global justice issues like theoretical approaches, challenges, and the role of global institutions. 4. Criminology and criminal justice administration including definitions of crime, social influences, and prevention. 5. Victimology including the concept of victims, patterns of victimization, impacts, and compensation systems.

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LLM (CRIMINAL LAW)

SEMESTER - I

Paper-I Research Methodology and Writing Skills


UNIT –I Introduction

The science of research and scientific methodology. Interrelation between speculation, fact and
theory building-some fallacies of scientific methodology with reference to socio legal research.
Inter-disciplinary research and legal research models, Arm chair research vis-a-vis empirical
research.Legal research-common law and civil law legal systems II.

UNIT –II Research Design

Workable Hypothesis-formulation and evaluation., Major steps in research design.

UNIT –III Research Techniques

Sampling, Survey and Case Study method, Scaling and Content Analysis

UNIT – IV Research Tools and Data Processing

Observation, Interview and schedule, Questionnaire, Socio-metrics and jurimetrics, Data


processing (deductions and Inductions) analysis and interpretation of data.

UNIT – V Legal writing

Report/article writing in legal research, Use of definitions, maxims, concepts, principles,


doctrines in legal research, Citation methodology, Book review and case comments

Suggested Reading Materials for Reference

1. Robert Watt- Concise book on Legal Research.


2. Ram Ahuja-Research Method.
3. Good and Hatt- Research Methodology.
4. Stott D.-Legal Research
5. Robert Watt and Francis Johns- Concise Legal Research.
6. S.K. Verma &Afzal Wani- Legal Research Methodology (and material announced in the
Class).
SEMESTER I

Paper- II Comparative Public Law

UNIT II Introduction

Meaning and definition of Public Law, Concept of Public Law, Globalization of Comparative
Public Law

UNIT II Tools of Comparative Public Law

Constitutional Law – Common Law, Civil Law, Legislative Mechanism - Common Law, Civil
Law, Typology of Federalism – USA, India

UNIT III Public Interest Litigation – US, India

Locus standi, Judicial Activism, Judicial Accountability

UNIT IV Comparative Criminal Law – Common law, Civil law

Domestic Violations – International, National, Provisions relating to Rape, Plea Bargaining –


USA, India, White Collar Crimes, Juvenile Justice

UNIT V Ombudsman

Ombudsman in Scandinavian countries, International Scenario – Common law and Civil law,
Indian Scenario, Lokpal (Ombudsman), Lokayukta

Select Bibliography

1. H. W. Wade - Administrative Law.


2. DeSmith - Judicial Review of Administrative Action.
3. Garner - Administrative Law.
4. D. D. Basu - Comparative Administrative Law.
5. Wade and Philips - Constitutional Law
6. Dicey - Introduction to Law of the Constitution.
7. O Hood Philips - Constitutional Law and Adminstrative Law.
8. M. P. Jain, S. N. Jain - Principles of Administrative Law.
9. K. S. Shukla and S. S. Singh - Lokayukta - A socio legal study.
10. The Handbook of Comparative Criminal Law, Stanford Law Books (2010)
SEMESTER I

Paper- III Law And Justice In A Globalised World


UNIT I Introduction

Meaning and significance of Globalization, Concept of Global Justice, Global Justice and Right
to Development

UNIT II Theoretical Prepositions of Global Justice

Realism, Particularism, Nationalism, Cosmopolitanism

UNIT III Historical and Central Challenges to Global Justice

Global Poverty- Role of International Mechanism, Armed Conflict, Nationalist practices, Crimes
against Humanity, Environment and Health, Oppressive Policies- Threat of Terrorism, Global
Politics.

UNIT IV Role and Reformation of Global Institutions

States, sovereignty and Transnational Law, Economic and Trade Institutions-MNC’s, structural
reforms of United Nations-Security Council (d) International Judicial Institutions

UNIT V Models To Achieve Global Justice

Social Contract and Social Justice, Sarvodaya Model of Justice, Multi Culturalism and
Cosmopolitanism, Significance of Human Rights Education, Global Justice and Global Rule of
Law

Recommended Readings

1. Duncan Bell (ed.) Ethics and World Politics. Oxford 2010. • Allen Buchanan. Justice,
Legitimacy, and Self-determination: Moral Foundations for International Law. Oxford
2004.
2. Simon Caney, Justice Beyond Borders. Oxford:, 2005
3. Nicole Hassoun. 2008a. “World Poverty and Individual Freedom.” American
Philosophical Quarterly. Vol. 45, No. 2: 191-198.
4. Andrew Hurrell. 2001. “Global Inequality and International Institutions.” Global Justice.
Thomas Pogge ed. Meta-philosophy Series in Philosophy A.T. Maroobian and Brian
Huschle eds. Blackwell Publishing: Oxford. • Martha Nussbaum, Frontiers of Justice.
Cambridge, Mass.: Harvard University Press, 2006.
5. Thomas Pogge, World Poverty and Human Rights. Cambridge: Polity, 2002.
SEMESTER I
Paper- IV - Criminology And Criminal Justice Administration
UNIT-I Introduction to Criminology

Definition of criminology: Social, psychological and legal approaches, Nature and scope of
criminology, Relation with other social sciences, Relevance of criminology to contemporary
society.

UNIT –II Crime

Nature of crime, Definition of crime, Crime in ancient medieval society, Crime in modern
society.

UNIT III Social Disorganization

Social change, social deviance and social disorganization, Individual disorganization, Group
disorganization, Community disorganization

UNIT IV Crime Trends

Crimes in India and abroad.Crimes under special and local law, Crimes against person, Crimes
against property, Crimes against weaker section with special reference to women and children.

UNIT –V Crime Prevention

Crime and sense of security, Social control and crime prevention, Community and crime
prevention., Contemporary crime prevention strategies.

References:

1. Mridula Maniyar 2004, Women criminals and their life-style, Criminology, Kaveri
Books, New Delhi.
2. Burke, Roger Hopkins 2003, Introduction to Criminological Theory, Lawman (Inc) Pvt
Ltd, New Delhi.
3. Tara Gray 2002, Exploring Corrections, Allyn and Bacon, Boston
4. Bajpai, G S 2002, Development without Disorders, Vishwavidh Prakashan, Sagar
5. Srivastava S S 2002 Criminology and Criminal Administration, Central Law Agency,
New Delhi.
6. Williams, Katherine S 2001, Textbook on Criminology, 3rd edition, Universal Law
Publishing Co., Delhi.
7. Paranjape N V 2001 Criminology and Penology, 2nd edition,Central Law Publication,
Allahabad, UP. 8. Saxena S, 2001, Crimes against Women and Protective Laws, Deep &
Deep Publications, New Delhi.
SEMESTER –I
Paper- V Victimology
Unit I Victims: Concept and Importance.

Meaning nature and types of victims of crime, Historical development of victimology, Scope and
objectives of victimology, National and International thinking: UN Amnesty International,
NHRC etc.

Unit II Pattern of Criminal Victimizations.

Role of victims in Criminal Occurrence, Victim – Offender relationship, Victim typologies,


Victim of abuse of power, Women and crime victimization, Children and crime victimization.

Unit III Impact of Victimization - Physical and Financial.

Physical and financial impact of victimization, Victimization: Impact on family, Psychological


stress and trauma, Criminal, victimization, sense of security and socio economic development.

Unit IV Criminal Justice System & Victim.

CJS and victim relationship: Collaborator or evidence, Victim & Police: Lodging of FIR &
recording of statement, Deposition & cross-examination in courts, NGO intervention: Victim-
Witness Association, Victim Association

Unit V Compensation to True Victim.

Concept, meaning & importance for society & criminal justice system, Restitution, ex-gratia
payment & insurance, Compensation by public authorities as social obligation, Compensation
schemes as in New Zealand and in other countries. 5. Victim Compensation in India: Provisions
under Cr. P.C, SC ST atrocities (prevention) Act, etc.

Reference:

1. Singh Makkar, S.P.1993, Global perspectives in Victimology, ABC Publications,


Jalandhar
2. Rajan, V.N., 1981, Victimology in India : An Introductory Study, Allied Publishers, New
Delhi
3. Chokalingam, K1985, Readings in Victimology : Towards a Victim Perspective in
Criminology, Ravi Raj Publications, Madras
4. Devasia,V.V 1992, Criminology, Victimology and Corrections. Ashish Publishing
House, New Delhi 26 w.e.f 2005-2006 Master of Criminology GGS Indraprastha
University Third Semester CRIM 251: Forensic Science Lab P- 6 CRED.
SEMESTER II
LLM(CRI) 201
CRIMINAL JUSTICE & H.R.

UNIT: I The Concept, and Development of Human Rights.


International Level: Universal Declaration on Human Rights: International Covenants: ICCPR
and ICESCR: Regional Instruments
National Level: History and Development of Human Rights in Indian Constitution. Indian
Constitution Philosophy. Preamble
UNIT: II Fundamental Rights.& Fundamental Duties.
Article 51-A of the Constitution,Concept of Crime and Criminal Liability;Human Rights
Problems requiring the need of criminal justice – Communal and caste violence, Terrorism and
insurgency.
UNIT: III Protection of Human Rights in Criminal Justice Administration
Protection from double jeopardy, Self- incrimination,Production before magistrate from police
custody,Fair trial, Speedy trial, Representation,Appeal, Protection from expost facto laws
Legal aid, Compensation, rehabilitation.
UNIT: IV Administration of Criminal Justice -
Ordinary Courts Special Courts,District & State Human Rights Courts,International
Criminal Court,International norms on administration of criminal justice
U.N. General Assembly Resolutions.
UNIT: V Human Rights Commission
Role of various Protection Agencies/Institutions,National Human Rights Commission, State
Human Rights Commissions,Human Rights Courts, Other Commissions.
Emerging regime of new human rights in India. New Approach.

Suggested Books:
Agarwal, H.O. Implementation of Human Rights Covenants with Special Reference to lndia (New Delhi: D.K.
Publishers, 1993)
Prof. U. Chandra – Human Rights & Practices Sharma, S.C., Police and Human Rights (1999).
Upadhyay, Dr. Jai Jai Ram Upadhyay., Human Rights in Pre-trial Detention (1999).
LLM(CRI)- 202
POLICE LAW AND ADMINISTRATION

Unit: I The Police System


Structural organization at the Centre
Structural organization in Gujarat State.
Unit: II Role of Police in Democratic Society.
Role of Police in Democratic Society.
Crime investigation.
Law and Order Management
Politicisation & Criminalisation of Police.
Unit: III Police Reforms
Selected Aspects of National Police Commissions Reports
Justice Malimath Committee Report
Mulla Report.
Unit: IV Powers and Duties of Police
Powers and duties under Police Acts (Indian Police Act),
Indian Penal code
Criminal Procedure Code
Evidence Act and others.
Unit: V Relationship between Police, Prosecution and Public
Relationship between Police and Prosecution
Police Public Relationship.

Suggested Readings:
1. Indian Police Act.
2. Rao. S. Venu Gopal, Criminal Justice: Problems and Perspectives in India, Delhi, Konark, 1991
3. Role Of Police In Criminal Justice System -S K Chaturvedi
4. Documentation Understanding The Police In India - : Arvind Verma & KS Subramanian.
LLM-203
CORPORATE CRIME

Unit: I
Introduction, Statutory violations by companies, Financial Aspects
Unit: II
Legislation related to the Corporate Crime, Labour Legislation. Factories Act,
Payment of wages, Minimum wages, Provident Funds Act, Standing orders.
Unit: III
Environment a legislations Protection of environment act, 1986
Co-relation between Labour & IPR
Statutory violations by companies
Statutory violation under other Acts.
Unit: IV
Vicarious Liabilities of Corporation
1. Theory of vicarious liability
2. Concept of Mens- rea
3. Attribution of Mens-rea to the company
4. Case laws.
Unit: V
Economic Offences,
Essential Commodities Act,
Consumer Protection Act
Food Adulteration Act.

Bibliography
1. Katherine S. Williams, Text Book on Criminology (1997) Blackstone, London.
2. D.C. Pandey, Habitual offenders and the law.
3. Probation of offenders Act. 1958
4.
LLM(CRI) 204
INTERNATIONAL CRIMINAL LAW

Unit: I
Introduction, History of International Jurisdiction and Sources of Int. Criminal Law.
The Ad Hoc International Criminal Tribunals I,
The Ad Hoc International Criminal Tribunals II,
Unit: II
International Criminal Tribunal for Former Yugoslavia.
International Criminal Tribunal for Rwanda:
Unit: III
International Criminal Court.
Preparatory Work.
The Statute of the International Criminal Court.
Current Developments.
Unit: IV
Genocide: Crimes against Humanity:
War Crimes in International Armed conflicts
War Crimes in Non-International Armed Conflicts
Crime of Aggression.
Unit: V
International Criminal Court, and
Terrorism as an International Crime
Turkish Legislation, and
The Approach towards the International Criminal Court.
Reading List
1. The textbook of the course is the following book:
2. Cryer, R. et al., International Criminal Law and Procedure, Cambridge, Cambridge University Press, 2010.
(Available as an E-Book in the Library)
3. Additional reading assignments will be listed each lecture handout and the recommended texts will be
supplied in due course.
4. For a general understanding of the subject, the following introductory books are useful:
5. Bassioni, M., C. (ed.) The Legislative History of International Criminal Court, Ardsley, Transnational
Publishers, 2003.
6. Cassese, A. International Criminal Law, Oxford, Oxford University Press, 2008.
7. Schabas, W., An Introduction to International Criminal Court, Cambridge, Cambridge University Press,
2010.

LLM(CRI) 205

DISSERTATION

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