LCL201 | 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 Bharatiya Nagrik Suraksha Sanhita (BNSS), or the erstwhile Code of Criminal Procedure. 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. There have been numerous enactments of criminal procedure codes in British and post-Independence India (1861, 1872, 1882, 1898) with major revisions in 1923 and 1955. In 1973, the Parliament of India repealed the British-era Code and adopted the Code of Criminal Procedure 1973, which was also repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita in 2023. These revisions and replacements have been motivated, inter alia, by concerns relating to speedy trial, victim’s rights. 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. Course will be delivered with a combination of following methods: lectures and class discussion. Familiarity with prescribed reading materials is essential for proficiency in the course.