| Criminal Law II

Procedural fairness in the administration of criminal justice is the hallmark of a mature, civilized legal system. If the trial process is not fair, just and reasonable for the accused, they will never be able to defend themselves against the Goliath (State). While the human rights treaties and the Constitution sketch basic rights of a person accused of a criminal offense, the granular details of each of the processes involved in the criminal justice delivery system are etched in the Code of Criminal Procedure- which is the focus of this course. This course will introduce the learners to the various facets of administration of criminal justice in India. It starts with the discussion of the importance, nature and salient features of the criminal justice system of India. It will then walk the learners through the nuances of initiation of criminal machinery, investigation and inquiry of offences, pre-trial and post-trial procedures, the trial process and other means of disposal of criminal offenses. A conscious attempt will be made to make the learners introspect at each stage about the relative merits of procedures involved and their relationship with rule of law. The Code of Criminal Procedure, 1973, however, is not just a manual of rights of accused. In recent years the focus has also been on victims particularly in the context of rehabilitation and compensation of victims. These and other contemporary changes, shifts in judicial interpretation and their cumulative impact on the criminal process will be contextualized. The course will include discussion about the working of the institutions, through which the criminal justice system is administered in the country, that is, police, prosecution, courts, defence counsel and the correctional institutions with emphasis upon procedural issues.

Course will rely more on primary sources of materials including statutes, case laws and if necessary some articles on contemporary issues and few related principles of laws.

The objectives of the course are:

• To equip students with the understanding of the importance and the functioning of the Code and its application in India.

• To highlight the implications of classification of offences on pre-trial and trial procedures

• To explain the role of various stakeholders in the administration of the criminal justice system.

• To discuss the procedural rules governing the various stages of criminal procedure including investigation, inquiry and trial.

• To contextualize and critically examine the role of judiciary in interpreting the mandate of some provisions and its confluence with their constitutional  power;

• To critically evaluate the functioning of bail system and magisterial remand process and their implications on human rights of accused,

• To understand the other means of disposal than trial,

• To articulate the rights of accused and the victim,

• To debate the rationale of non-compliance of certain procedural technicalities as the defense in criminal prosecution. This adds to the skill essential for criminal litigation. Students will be also able to review and critique existing law framework and its way of implementation.