BCL202 | 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 Constitution sketches the 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.

The course will rely more on primary sources including statutes, and case law. Secondary materials will be used as appropriate