Law of Criminal Procedure
Gondwana University · LL.B. Semester 5 · UL35C04
Unit I
The Bhartiya Nagarik Suraksha Sanhita, 2023 and The Code of Criminal Procedure, 1973: a comparative analysis · The rationale of The Bhartiya Nagarik Suraksha Sanhita – Constitutional Perspectives : Articles 14, 20 & 21 · The organization of Police, Prosecutor and Defence Counsel · Hierarchy of Criminal Courts and their powers · Classification of Offences - Stages of Criminal case – Investigation and use of technology—Police Powers--F.I.R-Recording of Statements and Confessions · Arrest with and without Warrant – Handcuffing-Rights of arrested persons under Bhartiya Nagarika Suraksha Sanhita and Article 22 (2) of the Constitution of India.
- Object Purpose and History of the Criminal Procedure Code
- Definitions — Section 2
- Constitution and Powers of Criminal and Executive Courts — Section 6 to 35
- Powers of Superior Officers of Police — Section 36
- Arrest of Persons — Section 41 to 60
- Information to the Police and their Powers to Investigate — Section 154 to 176
Unit II
Bail-When bail shall or shall not be granted - Cancellation of Bails - Anticipatory Bail - General Principles concerning Bail Bond · Search and Seizure - Search with and without warrant - General Principles of Search & Seizure - Constitutional aspects of validity of Search and Seizure proceedings.
Unit III
Cognizance of Offence - Form and content of Charge - Trial Process: Features of Fair Trial · Jurisdiction of Criminal Courts - Trial before Court of Sessions and Magistrate - Pleas of Autrefois Acquit and Autrefois Convict · Rights of accused --Constitutional Interpretation of Article 21 as a right to speedy trial —Charge
Unit IV
Judgment: Form and content · Summary trial · Post-conviction orders in lieu of punishment · Transfer of Cases - appeals, review and revisions · Provisions as to offences affecting the administration of Justice
Unit V
Preventive Measures · Removal of Public Nuisance · Security Provisions · Maintenance of wife, children & parents