डॉ. बी. आर. अम्बेडकर विश्वविद्यालय दिल्ली 
| Course Type | Course Code | No. Of Credits |
|---|---|---|
| Foundation Core | SLG2MC014 | 5 |
1.Does the course connect to, build on or overlap with any other courses offered in AUD?
This course is offered as a Discipline Specific Core to M.A. Criminology students. It seeks to provide a critical introduction to the criminal justice system. While there is are existing courses on legal concepts, legal method and legal imagination in the B.A. and M.A. (Law and Politics) programmes, and a core course on substantive criminal law for MA criminology students, this course is particularly targeted to introduce the students to procedural criminal law and fundamental principles of evidence law.
2. Specific requirements on the part of students who can be admitted to this course: None
3. No. of students to be admitted (with justification if lower than usual cohort size is proposed):
As per cohort size.
4.Course scheduling: (summer/winter course; semester-long course; half-semester course; workshop mode; seminar mode; any other – please specify)
Semester long
5.Proposed date of launch: August, 2023
6.How does the course link with the vision of AUD and the specific programme(s) where it is being offered?
The course, in tune with AUD’s commitment to the rule of law, provides a robust introduction to the fundamental concepts of criminal justice.While this course focuses on procedure and evidence, another core course is offered in MA Criminology programme on substantive criminal law.
7.Course Details:
- Summary
A criminologist is not merely an expert who knows. S/he is also one who must have an expertise in rules of fair dealing in criminal law which have stood the test of time. The hurry to conclude a criminal case can offer a temptation to bypass the requirement of meticulous adherence to, and respect for,procedural and evidentiary rules of fairness. However, giving in to such a temptation is not only sacrifice of justice but would also result in a loss of social faith in criminal justice which is the backbone of the discipline of criminology.
This course aims to introduce criminal procedure and rules of evidence to the students of criminology. Ordinarily, laws of criminal procedure are considered to be a part of drib and drab of law, hyper technicalities and nitty-gritty which only legal practitioners are best suited to grapple. Nevertheless, this strand of criminal law comes in contact with ordinary people at the most elementary level. Further, it concerns with reporting of a crime, process of investigation, collection of evidence, the relevancy and admissibility of evidence and criminal trial. The good news is that both criminal procedure and evidentiary rules are governed by clearly written laws which are duly codified. This course aspires to ensure that students of criminology understand the rules and interpretations of criminal procedure and evidence on the one hand, and the rationale and importance of due process guarantees, on the other.
It is essential tolearn about the logic of rules which allow for or discard certain forms of evidence in the court of law, and the nature of documents and findings which make criminal investigation effective and fair. Our focus will be on the provisions of the Indian Evidence Act, 1872 and the Criminal Procedure Code, 1973. By closely reading legal cases students will learn how the criminal law and its functionaries operate on the ground. This course seeks to strengthen the skill sets of a keen criminologist,who ought to have an eye for detail and knack for nuance,byproviding a grounding in technical aspects of criminal law.
- Objectives
The course will equip students with
- The skill of analysing the provisions of the Code of Criminal Procedure and the Indian Evidence Act
- An understanding of the workings ofcriminal justice administration
- The analytical skills required to read legal cases
- The ability to assess and evaluate the intended objectives, interpretive practices and implementation strategies of criminal justice
- Expected Learning Outcomes
On the successful completion of the course students would be able to
- Acquire an understanding of criminal procedure and various stages of criminal trial
- Develop the method of reading the law closely and critically
- Appreciate the importance of due process guarantees and rights and powers of different stakeholders in criminal justice administration
- Overall structure:
Module 1: Foundations and principles of Criminal Justice
In the introductory module, we will begin by asking ‘what is criminal procedure’, ‘what is law of evidence’, ‘what is criminal adjudication’, and ‘what is criminal justice’? While discussing these questions, we will enquire into the foundations and prerequisites of criminal procedure. Our starting point will be understanding the differences (and similarities) between adversarial and inquisitorial systems, crime control and due process modelson the one hand, and colonial construction of Indian criminal procedure, on the other. In this theoretical introduction, we will understand how the code of criminal procedure and the law of evidence are products of colonial codification exercises, a fact which does not automatically render them irrelevant. Critically approaching the colonial past, we will attempt to acquire a perspective which equips us to study the ‘contemporary’ while locating it historically. How is criminal procedure constitutionalised? What kind of deviations from constitutional due process guarantees are being witnessed in the ‘preventive turn’ that criminal law is taking? These are some questions that we will begin with, and pursue them throughout the course.
Module 2: Criminal Adjudication: Classification of Offences and Pre-trial Procedure
This module will introduce the students to terms and concepts employed in the code of criminal procedure viz. non/cognizable, non/bailable offences, non/compoundable, charge, warrant, plea bargaining etc. The focus of this module will be on pre-trial process. We will study the procedure of giving information in cognizable cases, police power to investigate cognizable cases, role of police in cognizable cases, report to magistrate, examination of witnesses by police, recording of statements and evidentiary value and custodial death.Our focus will be on principal features of fair trial, the rights of the accused and rights and protections accorded to the victims.
Module 3: Fair Trialand Jurisprudence of Bail
This module will start with a discussion on trial procedures (framing of charges, recording of evidence, statement of witnesses, judgment). The concept of ‘due process’which is the backbone of criminal procedure insists that a fair process is due to all, even those accused of the most serious crimes. We will strive to understand how due process guarantees have been entrenched into each stage of criminal procedure. Here, we will understand the importance of guarantees, rights and procedures which make for a fair trial for the accused who ought to be presumed innocent until proven guilty. This module will conclude with a detailed discussion on the provisions relating to bail and the jurisprudence evolved by the courts in this regard.
Module 4: Rules of Evidence: Relevancy and Admissibility
The issue of proof and evidence is central in distinguishing an amateur criminologist from a dextrous one. This module will introduce the students to the following questions: what constitutes evidence in the first place? Which evidence is relevant, and which is not? What is the difference between relevancy and admissibility in the court of law? Which type of evidence is excluded by the Indian Evidence Act, 1872 and the Supreme Court due to its doubtful veracity or due process concerns? We will discuss the distinction between legal relevancy and admissibility. Taking the Indian Evidence Act and judicial decisions as primary readings, we will understand logically relevant facts (sections 5-9, 11), relevant facts relating to conspiracy (section 10), admissions (sections 17-23), confessions (sections 24-30) and dying declarations (section 32(1)). Selected cases will be studied to understand the meaning and value of tape-recorded or audio/visual testimony, best evidence rule etc. This module will supplement the previous modules in how to use the evidence gathered during investigation by the police.
Module 5: Presumptions, Burden of Proof and Expert opinion
Starting with the presumption of innocence which is a cardinal principle of Indian legal system, wewill discuss other presumptions with respect to specific offences and situations as mentioned in the Evidence Act. We will discuss the historical context and evolving jurisprudence of the presumptions along with the implications of reverse burden of proof. Finally, we will discuss at length the validity and weight of expert opinion with a focus on DNA and rules of medical jurisprudence.