Law of Crimes -II(BNSS)

Devi Ahilya Vishwavidyalaya · LL.B. Semester 3

Unit I — Introductory

The rationale of criminal procedure: the importance of fair trial · The constitutional perspectives: Article 14,20 & 21 · Definitions · Pre-trial Process: Arrest · The distinction between cognizable and non-cognizable offences: relevance and adequacy problems · Steps to ensure accused's presence at trial: warrant and summons · Arrest with and without warrant · The absconder status · Rights of the arrested person · Right to know ground of arrest · Right to be taken to magistrate without delay · Right to not being detained for more than twenty-four hours & Article PH ak the Constitution of India · ge] ) 7 bail · Right to be examined by a medical practitioner

Unit II — Pre-trial Process: Search, Seizure and FIR

Search warrant and search without warrant · Police search during investigation · General principles of search · Seizure · Constitutional aspects of validity of search and seizure proceedings · Evidentiary value of F.LR · Magisterial Powers to Take Cognizance · Commencement of proceedings · Dismissal of complaints · Bail: concept, purpose, constitutional overtones · Bailable and non-bailable offences · Cancellation of bail · Anticipatory bail · Appellate bail powers · General principles concerning bond

Unit III — Fair Trial

Conception of fair trial · Presumption of innocence · Venue of trial · Right of the accused to know the accusation · The trial must generally be held in the accused's presence · Right of cross-examination and offering evidence in defense: the accused’s statement · Right to speedy trial

Unit IV — Charge

Framing of charge · Form and content of charge · Separate charge for distinct offence · Discharge — pre-charge evidence · Preliminary Pleas to March the Trial · Jurisdiction · Time limitations: rationale and scope · Pleas of autrefois acquit and autrefois convict · Issue Estoppel · Compounding of offences · Trial before a Court of Sessions: Procedural Steps and Substantive Rights · Summary trial

Unit V — Judgment

Form and content · Post-conviction orders in lieu of punishment: emerging penal policy · Compensation and cost · Modes of providing judgment · Appeal, Review, Revision · No appeal in certain cases · The rationale of appeals. review. revision · The multiple ranges of appellate remedies · Appeal to Supreme Court of India · Appeal to High Court · Appeal to Session Court · Special right to appeal · Government appeal against sentencing · Judicial power in disposal of appeal · Legal aid in appeals · Revisional jurisdiction · Transfer of cases