CENTRAL UNIVERSITY OF KERALA

DEPARTMENT
OF LAW
SYLLABUS OF LLM
PROGRAMME
(2022-23ADMISSION)
 ANNEXURE-B

SYLLABUS -SEMESTER WISE-

(FOR 2022-2023 Admission)
 FIRST SEMESTER

COMPULSORY CORE COURSES

01-LLM 5101-CLINICAL LEGAL EDUCATION,TEACHING
PRACTICAL AND INTERSHIP (SIX CREDITS)
(S2-Specialization Core Course-3)

Objectives: The course for Clinical Legal Education and Teaching Practical designed to equip the Students to
self-motivate and highly committed to their legal profession. It helps to acquire skills like Research skills,
Communication skills, interviewing of clients and witnesses, Counselling, Drafting, Negotiating, and Problem
Solving etc. skills. The student’s involvement in the society through internship programme can adhere a
bonding with the society through their Involvement with local community and thus institutions can also play a
vital role to reduce isolation by making the law department more relevant to community. Teaching Practical is
intended to impart practical training to the students in class room teaching, since one of the main objectives of
LL.M Course is to produce good law teachers. Special emphasis will be given in this programme to the skill
and techniques of effective communication and methodology of teaching. In this Course, a student will not be
considered for Grading unless he/she appears for both theory and practical parts. These experiences can add to
their understanding of the position of others in society, and can increase their maturity and sense of
responsibility.
Knowledge and understanding
1.​ The learner will acquire specific skills on clinical legal education and understand different methods of
imparting clinical legal education.
2.​ The learner is expected to acquire a coherent understanding of the various methods of clinical legal
education and develop techniques of evolving new methods of clinical legal education.
3.​ The awareness emerging developments and issues in the field of clinical legal education enables the
learner to acquire new knowledge in this area.
4.​ The learner will be able to understand various procedures and practices of those who practice clinical
methods in various fields of legal learning.

Skills required performing and accomplishing tasks

1.​ The learner will acquire a range of cognitive and technical skills in the use of clinical methods.
2.​ The learner will acquire the skills to evaluate different clinical methods and undertake research and
investigations to find solutions to real-life problems by use of clinical methods.
3.​ The learner will develop the capacity of innovative thinking generate solutions to real life problems.

Application of knowledge and skills

1.​ The design of Clinical Legal Education course will provide the necessary skill to transform theoretical
knowledge into a range of cognitive and practical skills.
2.​ The learner will gain the capacity to evaluate various clinical methods into the application to real life
situations.

Generic learning outcomes

 1.​ The learner while dealing with real life situation will acquire the skill of empathetic listening as well as
effective communication techniques- the learner will thus exhibit a keen sense of observation, enquiry,
acquiring the capacity of synthesize and articulation of issues.
2.​ In the process, he will acquire the skill to use data collection techniques.
3.​ The learner will acquire basic research ethics including confidentiality of a legal professional and
taking full personal responsibility in the outcome of the research.

Constitutional, humanistic, ethical, and moral values

1.​ The learner by using clinical legal method will be able to understand and imbibe basic values of the
Indian constitution.
2.​ The learner will be able to appreciate the societal moral values while dealing with dispute resolutions.

Employment- ready, and entrepreneurship skills and mindset

1.​ The study of clinical methods will enhance and fine-tune advocacy skills in dealing with the clients.
2.​ The study of clinical methods will enhance in dealing with the judiciary.
3.​ The study of clinical methods will enhance in dealing with the legal fraternity.

Unit 1-Legal Education and Clinical Legal Education

a)​ Legal Education - Objectives of Legal Education and clinical Legal Education in India –
b)​ History of Legal Education Difference between legal education and clinical legal education –
c)​ Importance of Legal Education in India and Internationally-Role of UGC, Bar Council of India-
Committees and Law Commissions Report
Unit 2- Teaching Methods
a)​ Lecture Method and Problem Method –
b)​ Case Method, Seminar Method and Discussion Method –
c)​ Collaborative Teaching and Other Methods
Unit 3. Legal Profession and Ethics
a)​ Interconnection of Law and Society- Law Office Management –
b)​ Relation between Bar, Bench and Academia –
c)​ Legal Profession in India: Issues, Challenges and Recent trends-
d)​ Advocates Act- Bar council of India Rules – Globalization and legal Profession.
Unit 4. Legal Aid and Legal Literacy
a)​ Difference between legal aid and legal literacy-
b)​ Access to justice – Role of Advocates in serving equal Justice- Pro bono lawyering –Legal
Service Authorities –
c)​ The National Legal Literacy Mission –
d)​ Client Interviewing, Client Counseling, Negotiation and Mediation- ADR
e)​ Role of Technology for expanding legal aids and Legal literacy.
Unit 5- Curriculum, Evaluation system and Supervision
a)​ Curriculum Planning and developing Teaching Plans –
b)​ Evaluation system - Examination System - Methods of Evaluation -Continuous Evaluation and
End term Exams and Assessment –
c)​ Extension Services - Legal Aid and Legal Awareness - Internships –Placements
d)​ Examination system and problems in evaluation - external and internal assessment-
e)​ Student participation in programmes - Organization of Seminars, publication of journal and
assessment of teachers-
f)​ New Education Policy 2020 and its Impact on legal education
Internship Project
a)​ A student shall choose a project in consultation and with the approval of the designated faculty
within 30 days of the beginning of the first semester of LL.M Course in the form of a project
proposal.
b)​ A student or group of students can visit the nearby courts and engage themselves in court
proceedings in counseling, ADR, Trial Proceedings etc.
c)​ They can manage the office work of any advocates by helping them to drafting, office room
management, filing the case, vakkalat etc.
d)​ A group of students can engage themselves in taking classes in nearby schools and other educational
institutions assigned them the topics with concerned teacher.
e)​ The students can work with District Legal Service Authorities for promoting legal aid and
participation of students in Lok Adalats
f)​ They can provide legal services through Legal Aid Clinics in our department.
A project proposal shall consist of;
1.​ Name of the candidate and a project title which should be consistent with the branch in which the
candidate is undergoing his/her LL.M. studies.
2.​ A consent letter from concerned NGO/Court/Govt official where the candidate intent to undertake
such project for study.
3.​ A brief account of 100- 500 word explaining how the candidate proposes to undertaker his/her
study and the area of such study with details of activities the candidate intends to carry out.
4.​ Proposed duration and dates on which the candidate will attend the NGO/Court/Govt office/ any
organization.
5.​ The project so undertaken should not be same as the dissertation, the candidate undertakes for
submission at the 4th semester but may be on an ancillary area or connected area if the candidate’
finds it convenient/interested to do so. It could also be on an independent area not connected to the
dissertation work.
6.​ An undertaking by the student that he will sincerely attend to such project and keep a dairy note of
all his findings/. observations for compiling the final report
7.​ Such proposal shall be submitted in duplicate, where in the concerned faculty will mark the
approval with the date of such approval and may also incorporate any corrections or suggestions to
the proposal.

Conducting the project:

1)​ At the beginning of the second semester the student having already conducted the preliminary
visit/survey should submit a project plan showing the number and days when he or she will conduct the
proposed visit and how the project would be conducted in not less than 100 words.
2)​ A student shall conduct the necessary project/ field work during off lecture days only be it weekends or
vacation/ holidays. But at such times when his presence is not required at the campus.
3)​ A student shall obtain the endorsement/signature of the Head/CEO/authorized authority of such
establishment on a dairy on a weekly basis which will be considered at the evaluation of the project.
4)​ In addition to the above as evidence of attendance, a student shall attach a certificate along with his/her
project report as part of the project report regarding her attendance with a remark on the conduct of the
project/study.

Suggested Readings:
1)​ Rajeev Dhawan, Access to Legal Education and the Legal Profession in India (Ed., Butterworths,
London, 1989) ISBN-13 ‫‏‬: ‎978-0406700650
2)​ Herbert L. Packer and Thomas Ehrlich, New Directions in Legal Education, McGraw-Hill Book
Company, New York (1972)
3)​ Piarey Lal Mehta, Sushma Gupta, Legal Education and Profession in India, Deep and Deep
 Publications, (2000).
4)​ Madhava Menon (ed.) Clinical Legal Education: Concept and Concerns, A Handbook on Clinical
Legal Education (Eastern Book Co., 1998), ISBN 9789351453321
5)​ Law Commission of India,184th Report on The Legal Education and Professional Training and
Proposal for Amendments to the Advocates Act 1961 and the University Grants Commission Act
1956
6)​ S.K. Agarwala (Ed.), Legal Education in India, N M Tripathi, Bombay (1973).
7)​ N R Madhava Menon, Report of the Legal Education Reform Committee (2009), submitted to
Government of Kerala
8)​ C.L Anand, General Principles of Legal Ethics, (Law Book Co. Allahabad, 1965)
9)​ Thinking about Clinical Legal Education Philosophical and Theoretical Perspectives ISBN
9780367273491 Published November 26, 2021 by Routledge
10)​S.K. Agrawal (ed.), Blackstone Press Limited, London, Legal Education in India (1973), Tripathi,
Bombay
11)​High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education: Active Learning in Your
Law School, (1998)
12)​David J. McQuoid-Mason (Ed.), “Legal Aid and Law Clinics in South Law”, Howard College,
University of Natal, 1985.
13)​P.L. Mehta, Sushma Gupta, “Legal Education and Profession in India” (2000)
14)​ Sushma Gupta “History of Legal Education”, published by Deep & Deep Publication (P) Ltd.,
2006 Edition
15)​Robert Wheeler, Clinical Law for Clinical Practice, Taylor & Francis Ltd, 2020
16)​N.R. Madhava Menon, Murali Neelakantan, Sumeet Mal..An Idea of a Law School Ideas from The
Law School (On Legal Education, Legal Profession and Access to Justice) EBC Publishing house,
2019
17)​S.K. Sharma, Legal Profession in India, Sociology of Law and Legal Profession: A Study of
Relations between Lawyers and their Clients (Rawat Publications, Jaipur, 1984).
Articles
1)​ Brief History of Law in India, BAR COUNCIL OF INDIA (July 2, 2018, 3:00
PM), http://www.barcouncilofindia.org/about/about-the-legal-profession/legal-education-in-the-un
ited-kingdom/.
2)​ Frank S. Bloch and M. R. K. Prasad, Institutionalizing A Social Justice Mission For Clinical Legal
Education: Cross-National Currents From India And The United States
http://clarkcunningham.org/LegalEd/Bloch_PrasadArticle.pdf
3)​ A.S. Anand, Legal Education in India Past, Present and Future S.C.C (Jour.) 1 (1998)
4)​ N. R. Madhav Menon “Transformation of Indian Legal Education” published by Harvard Law School
Program on Legal Profession P. 6. Available at
https://clp.law.harvard.edu/assets/Menon_Blue_Paper.pdf
5)​ Dr. A. K. Avasthi “Legal Education-Role of Bar Council of India Judicial Intervention/Suggestion”,
edited by Indrajeet Mohanty Indian Bar Review Vol. XXIX (3&4) 2000
6)​ Dr. Krushan Chandra Jena, “Role of Bar Council and Universities for promoting legal education in
India”, edited by Indrajeet Mohanty, Indian Bar Review Vol. XXIV (3&4) 2002 P. 154.
7)​ Justice A M Ahmadi “Repairing the Cracks in Legal Education” (1993) 1 SCC-J 3 P.4
8)​ BCI Education Rules,2008 Available at “Bar Council of India” Website:
http://www.barcouncilofindia.org/about/legal-education/education-rules-2008/
9)​ P K Tripathi, “In the Quest for Better Legal Education”, (1968) J I L I 469
10)​A.T. Markose, “A Brief History of the Steps taken in India for Reform of Legal Education”, 68 Journal
of the All India Law Teachers Association (1968).
11)​Jagat Narain, “Legal Aid – Litigational or Educational: An Indian Experiment”, 28 J.I.L.I. (1986).
12)​. Krishna Iyer, “Professions for the People: A Third World Perspective”, XXII IBR (1995).
13)​Madhava Menon N.R., “Bar Councils and Management of Legal Profession”, XIII (3 & 4) IBR (1986)
14)​Madhava Menon N.R., “Restructuring the Legal Profession for Strengthening Administration of
Justice”, XXII, IBR (1995).
15)​Madhava Menon., “Legal Education for Professionals Responsibility – An Appraisal of the Five-Year
LL.B. Course”, XII, Bar Council Review (1986)
16)​N. R. Madhava Menon, “Lawyer in the Adjudicative Process: An Appraisal of Section 30 of Advocates
Act, 1961”, 8 JB Council of India 105 (1981).
 02-LLM5102-LAW AND SOCIETY [FOUR CREDITS]
This Course requires five hours per week in the semester. Transaction is through lectures,
assignments, classroom seminars, special lectures by outside experts, classroom discussion, and
tutorials. End Semester Examination is written examination of three hours duration.

Knowledge and understanding

1.​ The learner will acquire specific skills to understand the impact of law in society in
terms of actual functioning of the law.
2.​ The learner is expected to acquire a coherent understanding of the various social
functions of law in the light of various theories of law
3.​ The awareness emerging developments and issues in the field of Society , law and
globalization
4.​ The learner will be able to understand various process of social change and societal
responses including affirmative action

Skills required performing and accomplishing tasks

1.​ The learner will acquire a range of cognitive and technical skills by dealing with
social issues created by following/not following law
2.​ The learner will acquire the skills to evaluate various social issues by undertaking
investigative research and attempt to generate solutions to such real life problems
3.​ The learner will develop the capacity of innovative thinking generate solutions to real
life problems.

Application of knowledge and skills

1.​ The design of Law and society course will provide the necessary skill to transform
theoretical knowledge into a range of cognitive and practical skills.
2.​ The learner will gain the capacity to evaluate various social events in to the
application to real life situations.

Generic learning outcomes

1.​ The learner while dealing with real life situation will acquire the skill of empathetic
listening as well as effective communication techniques- the learner will thus exhibit a
keen sense of observation, enquiry, acquiring the capacity of synthesize and
articulation of issues.
2.​ In the process, he will acquire the skill to use data collection techniques.
3.​ The learner will acquire basic research ethics including confidentiality of a legal
professional and taking full personal responsibility in the outcome of the research.
Constitutional, humanistic, ethical, and moral values

1.​ The learner by understanding the manner in which social changes takes place in the
society will be able to understand and imbibe basic values of the Indian constitution.
2.​ The learner will be able to appreciate the societal moral values while dealing with
various social issues and contexting it with the constitutional values and human values

Employment- ready, and entrepreneurship skills and mindset

1.​ The study of social change will enhance and fine-tune advocacy skills in
dealing with the clients.
2.The study of social change will enhance in dealing with the judiciary.

Units
1 Social Functions of Law- Law and Social Change
2Natural Law - Positivism -Law and Morality-Revived Natural Law- Idealist Schools -
Marxian School.
3Historical and Evolutionary Theories-Sociological Jurisprudence-Realist
Jurisprudence-Feminist Jurisprudence.
3​ Concept of Individual and Social Justice in Indian Context - Constitution and
Social Justice - Preamble Fundamental Rights and Directive Principles under the
Constitution.
4​ Law and Poverty –Globalization and Distributive Justice-Access to Justice -
Legal Aid to the Poor and Indigent, Objectives and Programmes - Legal Literacy and
Law Reform.
5​Role of Judiciary in Social Change- Affirmative Action and Social Justice

The latest editions of the following books are the suggested readings
Roscoe Pound, Introduction to Philosophy of Law, Transaction Publishers (1954)
Roscoe Pound, Jurisprudence, West Publishing, St Paul, Minnassotta (1959)
Bodenheimer, Jurisprudence:The Philosophy and Method of the Law, Oxford University Press,
London (1974)
W Friedmann, Legal Theory, Columbia University Press (1967)
W. Friedmann, Law in a Changing Society, University of California Press, Berkeley (1972)
Julius Stone, Social Dimensions of Law and Justice, Stevens & Sons, London (1966)
Cappelletti and Garth (Ed.), Access to Justice, (1978) Vol. I, Book I, Part I
B. Sivaramayya, Inequalities and the Law, Eastern Book Co, New Delhi (1984)
UpendraBaxi, The crisis of Indian Legal System, Vikas, New Delhi (1982)
UpendraBaxi, Law and Poverty , N M Tripathi, Bombay(1988)
Lon.L.Fuller, The Morality of Law, Yale University Press, New Haven (1995) Reprint
H.L.A.Hart, The Concept of Law, Clarendon Press, Oxford (1993)
M.D.A.Freeman, Lloyd's Introduction to Jurisprudence, Sweet and Maxwell, London (1994)
John Rawls, A Theory of Justice,The Belknap Press of Harvard University Press, 1971,revised in
1999
Otto A, Bird, Idea of Justice: Frederick A. Praeger, Pall Mall Press Ltd. New York and London
(1967)
Tapas Kumar Banerjee, Background to Indian Criminal Law, R Cambray, Kolkata (1990)
Granville Austin, The Indian Constitution: Cornerstone of a Nation,Oxford University Press, Oxford
(1999)
Patricia H. Smith, Feminist Jurisprudence (1993)
Dr. M. Kunhaman, Globalization, A Subaltern Perspective (2002)
 S1-SPECIALIZATION CORE COURSE 1
CRIMINAL LAW CORE COURSE

LML 5105 -GENERAL PRINCIPLES OF CRIMINAL LAW

(4 credits)
This Course requires five hours per week in the semester. Transaction is through lectures, assignments,
classroom seminars, special lectures by outside experts, classroom discussion, and tutorials. End Semester
Examination is written examination of three hours duration.

Course Outcome

Knowledge and understanding

5.​ The learner will acquire specific skills to understand the general principles in criminal law its
meaning and impact in society
6.​ The learner is expected to acquire a coherent understanding of the various concepts and nature of
crimes and functions of law in the light of various theories of law
7.​ The awareness emerging developments and issues in the field of law and globalization
8.​ The learner will be able to understand various components of crime and the statutory definitions
of crimes
Skills required performing and accomplishing tasks
4.​ The learner will acquire a range of cognitive and technical skills by understanding the nature of
various crimes
5.​ The learner will acquire the skills to evaluate various crimes by undertaking investigative research
and attempt to generate solutions to such real life problems
6.​ The learner will develop the capacity of innovative thinking generate solutions to real life problems
relating to occurrence and reoccurrence of various crimes

Application of knowledge and skills

3.​ The design of criminal law course will provide the necessary skill to transform theoretical
knowledge into a range of cognitive and practical skills.
4.​ The learner will gain the capacity to evaluate various social crimes in its application to real life
situations.

Generic learning outcomes

4.​ The learner while dealing with real life situation will acquire the skill of empathetic listening as well
as effective communication techniques- the learner will thus exhibit a keen sense of observation,
enquiry, acquiring the capacity of synthesize and articulation of issues.
5.​ In the process, he will acquire the skill to use data collection techniques.
6.​ The learner will acquire basic research ethics including confidentiality of a legal professional and
taking full personal responsibility in the outcome of the research.

Constitutional, humanistic, ethical, and moral values

3.​ The learner by understanding the manner in which crimes are defined in society by law will be able to
 understand and imbibe basic values of crime prevention in society
4.​ The learner will be able to appreciate the societal moral values while dealing with various issues of
crime and contexting it with the constitutional values and human values

Employment- ready, and entrepreneurship skills and mindset

2.​ The study of criminal law will enhance and fine-tune advocacy skills in dealing with the
clients.
3.​ The study of criminal law will enhance in dealing with the judiciary.

Units
1.​ Concept of Crimes-Nature, Meaning, and Impact on Society-Elements- Criminal
Jurisprudence and Elements of Crimes - Actus reus or the Harm Principle -Principles of
Criminal Law- Mens rea or the Guilty mind or Blame worthiness principle

2.​ States of mind - External and Internal Intention, Recklessness, Negligence,

Relevance of Motive, Strict Liability. Transferred Malice, Exclusion of Mens
Rea-Statutory Crimes
-Liability, Stages of Crimes-Influence of various schools in framing the Indian penal
code 1860

3.​ Incomplete or Inchoate Crimes- Abetment - Conspiracy - Group or Joint

Liability U/Ss 34 or 149 IPC - Attempts under the Indian Penal CodeGeneral
Exceptions of Criminal Responsibility - Excuses and Justifications-Right of Private
Defense - Necessity - Accident Defense of Superior Orders - Executive and Judicial
Acts – Consent-Defense -Mistake of Fact - Mistake of Law - Ignorance of Law -
Infancy, Insanity - Alcoholic Insanity-Intoxication as a Defence-Irresistible Impulse

4.​ Psychological theories of crime & Psychological Factors Underlying Criminal

Behavior- Behavioural Approach to Criminality -Pavlov, Skinner, Eyesench -
Cognitive Approach -Tolman, Piaget, Kohlberg - Intelligence and Crime -Goddard,
Hirshi, Hindclang-Mental Disorder and Crime - Neuroses, Psychosis

5.​ Female Perspectives of Criminality - Female Criminality -Lombroso -Cowie,

Slater, Pollack -Thomas, Talcott Parsons -Feminist Critique of Traditional Criminology
Feminist Criminology -Carol Smart, Maureen Cain and Susan Sharp
The latest editions of the following books are the suggested readings

George P. Fletcher, Basic Concepts of Criminal Law, Oxford University Press, Oxford (1998)
K.N.C.Pillai, General Principles of Criminal Law Through Cases, 2 ndedn, Eastern Book Co, Lucknow
(2011)-
Ashworth, General Principles of Criminal Law, 7 thedn, Oxford University Press, Oxford (2012)C M V
Clarkson; H M Keating; Dr S R Cunningham, Criminal Law: Text and Materials, 7th Edition, Sweet &
Maxwell, London (2010)
Alan Reed; Ben Fitzpatrick;PeterSeago, Criminal Law: Sweet & Maxwell's Textbook Series
4th edn, Sweet & Maxwell, London (2009)
Michael Allen; Simon Cooper, Elliott & Wood's Cases and Materials on Criminal Law, 11th Edition Sweet &
Maxwell, London (2013)
Dr Dennis Baker, Glanville Williams Textbook of Criminal Law,3rd Edition, Sweet & Maxwell, London
(2012)
Mark Findlay, Criminal Law: Problems in Context, Second Edition, Oxford University Press, Oxford (2006)
R. D. Mackay, Mental Condition Defences in the Criminal Law, Oxford University Press, Oxford (1995)
Janet Loveless, Complete Criminal Law: Text, Cases, and Materials, Fourth Edition, Oxford University
Press, Oxford (2014)
Richard Card, Card, Cross, and Jones: Criminal Law, Twenty-first edition, Oxford University Press, Oxford
(2014)
Heather Keating; Sally Kyd Cunningham;Mark Austin Walters; Tracey Elliott, Criminal Law: Text and
Materials, 8th edn, Sweet & Maxwell, London (2014)
Christina McAlhone; Natalie Wortley, Criminal Law: The Fundamentals, 3rd edn, Sweet & Maxwell, London
(2013)
James Chalmers; Dr Fiona Leverick, Criminal Defences, W. Green, London (2006)
Michael Allen, Textbook on Criminal Law, 12 thedn, Oxford University Press, Oxford 2013
David Ormerod, Smith and Hogan Criminal Law: Cases and Materials, Tenth Edition, Oxford University
Press, Oxford (2009)
Victor Tadros, Criminal Responsibility, Oxford University Press, Oxford (2007)
Stephen Shute, Andrew Simester, Criminal Law Theory: Doctrines of the General Part, Oxford University
Press, Oxford (2002)
Janet Dine, James Gobert (Eds), Cases and Materials on Criminal Law, 6 thedn, Oxford University Press,
Oxford (2010)
Douglas Husak, The Philosophy of Criminal Law: Selected Essays, Oxford University Press, Oxford (2010)
David Ormerod, Smith and Hogan's Criminal Law, 13 thedn, Oxford University Press, Oxford (2011)
R.A. Duff, Lindsay Farmer, The Boundaries of the Criminal Law, Oxford University Press, Oxford Andrew
Ashworth, Jeremy Horder, Principles of Criminal Law, 7 thedn, Oxford University Press, Oxford (2013)
R.A. Duff, Stuart Green, Philosophical Foundations of Criminal Law, Oxford University Press, Oxford (2013)
R.A. Duff, Lindsay Farmer The Constitution of the Criminal Law, Oxford University Press, Oxford (2013)
David Ormerod, Karl Laird, Smith and Hogan Criminal Law: Text and Materials, 11 thedn, Oxford University
Press, Oxford (2014)
Larry Siegel, Criminology, 7th Edition, Wadsworth Pub., Australia 1999, pp. 162-176 2.
Roger Hopkins Burke, An Introduction to Criminological Theory, I s Edition, Lawman India Pvt. Ltd., New
Delhi 2001, Chapter 6, pp. 77 - 95 3.
Clive Coleman & Clive Norris, Introducing Criminology, Vx Edition, Willian Pub., USA 2000, pp 26 -54 4.
Katherine S. Williams, Textbook on Criminology, 3 K Edition, Universal Law Pub., New Delhi 1997, Chapter
10 pp. 272-304
Articles: 1. Alan Little, Professor Eysenck's Theory of Crime: An Empirical Test on Adolescent Offenders,
Vol. 4 British Journal of Criminology (1964), p. 152 2. G Macdonald, B. Sheldon, and J. Gillespie,
Contemporary Studies of Effectiveness of Social Work, Vol. 22 British Journal of Social Work (1992), p. 615.
Roger Hopkins Burke, An Introduction to Criminological Theory, V Edition, Lawman India Pvt. Ltd., New
Delhi 2001, pp. 158-170 2.
Kerry Carrington and Russel Hogg, Critical Criminology, V1 Edition, Willan Publishing House, UK 2002, pp.
114 -1 37
Articles : 1. Bruce Di Cristina, Durkheim's Latent Theory of Gender and Homicide, Vol. 26 British Journal of
Criminology (2006), p. 212 2. Carol Smart, The New Female Criminal: Reality or Myth, Vol. 19 British
Journal of Criminology (1979), p. 50

Journal of Criminal Law and Criminology Volume 37 | Issue 6 Article 2 1947 MelittaSchmideberg
Howit, D., (2009), Introduction to forensic and criminal psychology (3rd ed) Harlow, UK, Pearson Education.
Viding, E., Blair, R. R., Moffitt, T. E., &Plomin, R. (2005). Evidence for substantial genetic risk for
psychopathy in 7-year-olds. Journal Of Child Psychology & Psychiatry, 46(6), 592-597. doi:10.1111/j.1469-
7610.2004.00393.x
Raine, A. (2008). From Genes to Brain to Antisocial Behavior. Current Directions In Psychological Science
(Wiley-Blackwell), 17(5), 323-328. doi:10.1111/j.1467-8721.2008.00599.x
Clarke, R. V., &Felson, M. (1993). Routine activity and rational choice. Piscataway, NJ US: Transaction
Publishers
Agnew, R. (1993). Why do they do it? An examination of the intervening mechanisms between "social
control" variables and delinquency. Journal Of Research In Crime & Delinquency, 30(3), 245-266.
Bonger, W. (1916) Crime and Economic Conditions. Boston. Little Brown.
 S2-SPECIALIZATION CORE COURSE-1
CONSTITUTIONAL LAW CORE COURSE
LML5106-FEDERALISM
This Course requires five hours per week in the semester. Transaction is through lectures, assignments, classroom
seminars, special lectures by outside experts, classroom discussion, and tutorials. End Semester Examination is written
examination of three hours duration.

Course Outcome

Knowledge and understanding

The learner will acquire specific skills to understand the general principles of
federalism and its meaning and impact in the functioning of the constitution

The learner is expected to acquire a coherent understanding of the various concepts

of federalism in the light of constitutional arrangements .

The awareness emerging from the understanding of federalism and issues in the
field of globalization

The learner will be able to understand various components of functioning of various

federal contemporary governments

Skills required performing and accomplishing tasks

The learner will acquire a range of cognitive and technical skills by understanding
the nature of various crimes

The learner will acquire the skills to evaluate various crimes by undertaking
investigative research and attempt to generate solutions to such real life problems

The learner will develop the capacity of innovative thinking generate solutions to real
life problems relating to occurrence and reoccurrence of various crimes

Application of knowledge and skills

The design of federalism course will provide the necessary skill to transform
theoretical knowledge into a range of cognitive and practical skills.

The learner will gain the capacity to evaluate various concepts of federalism and its
 application to contemporary forms of governments
Generic learning outcomes
​ The learner while dealing with real life situation will acquire the skill of
empathetic listening as well as effective communication techniques- the learner will
thus exhibit a keen sense of observation, enquiry, acquiring capacity of synthesize
and articulation of issues.

In the process, he will acquire the skill to use data collection techniques.

The learner will acquire basic research ethics including confidentiality of a legal
professional and taking full personal responsibility in the outcome of the research.

Constitutional, humanistic, ethical, and moral values

The learner by understanding the types of federalism will be able to understand and
imbibe basic values of constitutional forms of governments.

The learner will be able to appreciate the constitutional values while dealing with
various forms of federalism .thus understanding constitutional values and human values

Employment- ready, and entrepreneurship skills and mindset

The study of federalism will enhance and fine-tune advocacy skills in dealing
with the clients and governments

The study of federalism will enhance in dealing with the judiciary and
governmental authorities

Units
1.​ Federalism – The Principle and the Essential Features – The Evolution of
Federal Government in India – The Characteristic Features of Indian Federalism – A
Comparison with Federal Governments in USA, Australia and Canada
2.​ Distribution of Legislative Powers – Special Features – Administrative Relations
– Factors Responsible for Shifting the Balance in favour of the Union
3.​ Financial Relations – Distribution of Fiscal Powers – Scheme of Allocation of
Taxing Power –Goods and Services Tax and the GST Council-Distribution of Tax
Revenues.
4.​ Finance Commission – Planning Commission – National Development Council
and Plan Grants
5.​ Co-operative Federalism – Sarkaria Commission Report - Need for Reform in
Union and State Relations- Judicial Review of Powers and Functions of the Speaker of
State Legislative Assembly and the Governor.
The latest editions of the following books are the suggested readings

1.R.K. Gupta ,Center State Relations under Indian Constitution, Deep and Deep, New Delhi
2.M.C Setalvad, Union and State Relations Under the Indian Constitution, Eastern Law House, Kolkata (1974)
3.L.M.Singhvi (Ed), Union State Relation In India (1969)
4.Rambir Singh & A. Lakshmi Nath, Fiscal Federalism: Constitutional Conspectus,Wadhwa Nagpur (2005)
5.D.D. Basu ,ComparativeFederalism,Prentice-Hall of India, New Delhi (1987)
6.AsokKumar Chanda, Federalism In India: A Study on Union State Relations, G Allen and Unwin (1985)
7.M.J.C Vile, Federalism in USA, Canada & Australia, H M S O, London (1973)
8.K.C. Weheare ,Federal Government, Greenwood Press Publishers (1980)
9.Report of the Commission ( Sarkaria) on Centre State Relations, submitted to Government of India.
10.V.D. Sebastian, Indian Federalism: The Legislative ConflictsAcademy of Legal Publication,
Trivandrum(1980)
11Joseph Francis Zimmerman,Contemporary American Federalism: The Growth of National Power, West Publishers, St
Paul. Minn (1992)
12.David Cameron, Disability and Federalism: Comparing Different Approaches to Full Participation(2001)
13.Jan Erk, WilfriedSwenden,New Directions in Federalism Studies, Routledge, London (2010)
14. Yashwant Sinha, Vinay K. SrivastavaIndirect Tax Reform in India: 1947 To GST and Beyond -​ (2020)
15.Shashishekhar Gopal DeogaonkarParliamentary System in India (1997)
 ELECTIVE COURSE-2
LML5001-SEMINAR COURSE[TWO CREDITS]

Course Outcome
Knowledge and understanding
●​ The leaner will gain advanced knowledge on research methodology.
●​ The learner will understand coherently the established methods of empirical research
●​ The learner will learn the procedural requirements in the conduct of scientific research
Skills required to perform and accomplish tasks.
●​ The learner will acquire a range of cognitive skills required for scientific research
●​ The learner will acquire required skills to distinguish the values of different kinds of research
and choose appropriate methodology as per the requirement of a particular research.
●​ The learner will acquire advanced technological skills to aid and fine tune his research skills.
Application of Knowledge and skills.
*The learner will be able to use the research skills acquired in conducting research.
*The leaner will be capable oif using advanced techniques in research.
Generic learning outcomes
●​ The learner will gain the capacity of being a keen observer in understanding their reseach
problem.
●​ The learner will be able to develop the capacity to listen to people in his endeavor to collect
information for his research
●​ The learner will be able to use the tools of research to arrive at definite conclusions based on
the findings of the research

This Course requires three hours per week in the semester. Transaction is through
classroom discussion, training sessions, and tutorials. End Semester Examination is
practical examination in which the student shall submit the seminar paper, present the
paper, and shall defend the theme presented.In respect of the Seminar Paper, the topic
shall be chosen in consultation with Course Teacher. It is the responsibility of the
students to organize the Seminars on the dates fixed by the Course Teacher.
 SECOND SEMESTER
COMPULSORY CORE COURSES

LML5201-RESEARCH METHODOLOGY: THEORY AND

PRACTICAL [FOUR CREDITS]
This Course requires five hours per week in the semester. Transaction is through lectures, assignments, classroom
seminars, special lectures by outside experts, classroom discussion, and tutorials. This course consists of theory and
practical. Fifty marks are allotted to theory paper on Research Methodology, twenty marks on internal assessment and
thirty marks for End Semester Examination, written examination of two hours duration. The remaining fifty marks are
allotted to practicals, to be distributed as provided under Regulation 8.In this Course, a student will not be considered for
Grading unless he/she appears for both theory and practical parts.

Course Outcome –

Knowledge and Understanding

*The learner will gain advance knowledge regarding research methodology in the artea of Law and
social science.
*.The understanding of the research principles will enable the learner to formulate research designs.
*The learner will understand the various proceduers involved in empirical research especially in data
collection and analysis

Skills required to perform and accomplish tasks.

●​ Thelearner as researcher will exhibit advanced cognitive and technical skills in performing
his research related tasks
●​ The learner will attain skills to evaluate research findings to ensure authenticity
●​ The learner will be able to perform complex tasks in the area of his research.
Application of knowledge and skills

●​ The learner will be able to apply the theoretical knolwdge he has gained to his research
findings to enable him to come to certain definite conclusions
The learner will be able to use his reseach findings to propose suitable remedial actions by concerned
authorities

1​ Meaning of Research –Kinds of Research – Values of Research in Law –

Applicability of Scientific Methods in Legal Research – Steps in Legal Research –
Identification and Selection of a Research Problem
2​ Hypothesis in Legal Research – Meaning and Importance of Hypothesis–
Character of a Good Hypothesis – Method of Stating and Testing Hypothesis -
Research
Design– Formulation of a Good Research Design
3​ Methods in Doctrinal Legal Research – Nature and Need of doctrinal research –
Sources and Techniques of Data Collection in Doctrinal Research.
4​Empirical or Scientific Legal Research - Meaning – Types of Socio-Legal Research
– Impact Studies and Reform Studies – Need and Values of Socio – Legal Research –
Sources and Techniques of Data Collection in Socio- Legal Research – Sampling and
Survey Interview – Questionnaire – Case Study – Validity of a Tool –Objectivity and
Reliability –
5​ Writing of Research Report and Methodology-Style and Format of Legal
Writing- Harvard Bluebook, Chicago Manual, etc.
The students are required to submit a term paper/ project report on topics suggested by
the course teacher in respect of Practicals.
The latest editions of the following books are the suggested readings

Morris L. Cohen, How to Find the Law, 9 thedn, West Publishers, St Paul, Minn.(1976)
Morris L. Cohen, Legal Research in a Nutshell, West Publishers, St Paul, Minn. (1978)
Peter Goodrich, Reading the Law: A Critical Introduction to Legal Method and Techniques, Blackwell
Publications (1986).
John A. Yogis, Innis M. Christie, Michael J. Iosipescu, Legal Writing and Research Manual,
Butterworths, Toronto (1988)
Goode and Hatt, Methods in Social Research, Surjeet Publications, New Delhi
Pauline V Young, Scientific Social Survey and Research, Printice Hall (1956)
Indian Law Institute, Legal Research and Methodology (1982)
 LML5202-JUDICIAL PROCESS [FOUR CREDITS]
This Course requires five hours per week in the semester. Transaction is through lectures, assignments, classroom
seminars, special lectures by outside experts, classroom discussion, and tutorials. End Semester Examination is written
examination of three hours duration.

Knowledge and Understanding

*The learner will gain advance knowledge into the reasons and basis of judicial
pronouncements
*The learner will gain understanding s to the process of over ruling practicised in Indian
courts and in other common law countries ./
*The learner will acquint himself with the procedure and basis of decisions and the
methods of over ruling
Skills required to perform and accomplish tasks
*The learner will acquire special skills to ascertain ratio decedendi of a case
*The learner will gain skills to identify the relevance of reasons provided by the judges
and relate to the decisions.
*The learner will acquire special conginitve skills in distinguishing cases based on the
ratio decedendi

Application of knowledge and skills.

*The skills acquired in the analysis of cases and in the procedure for finding ratio
decedendi will enable the learner to apply these skills to new judgements to ascertain
their ratio decedendi
*The learner will be able to distinguish between ratio decendi and obeter dicta in a
particular judgement

1 Judicial Process – Meaning, Nature and Scope – Judicial Process and Legal
Reasoning as Tools of Legal Development – Judicial Process and Common Law
2 Doctrine of Precedent – Rule of Stare Decisis- Ratio Decedent and Obiter
Dicta – Rules of Determining Ratio and Their Analysis
3​ Judicial Process and Creativity- Categories of Illusory
References-Techniques of Judicial Creativity in Common Law – Judicial Process
and Legal Development under Codified Systems – Judicial Process and
Creativity Under Constitutional Systems – Scope and Limits of Creativity in
Judicial Process.
4​ Nature of Judicial Process - Search for the Legislative Intention - Methods
of Judicial Interpretation - Role of Philosophy, History, Traditions, and Sociology
- Judge as Legislator - Judicial Creativity and its Limitations.
5​ Judicial Process in Indian Legal System-Operation of Precedent in India-
Prospective Overruling - Basic Structure Theory- Judicial Activism - Judicial
Self Restraint-Judicial Process in Constitutional Perspective.
The latest editions of the following books are the suggested readings

Cardozo, Nature of Judicial Process Yale University Press. New Haven

Rupert Cross and J. W. Harris, Precedent in English Law ,4thedn, Clarandon Press ,London
Edward H. Levi, An Introduction to Legal Reasoning, University of Chicago Press, Chicago (1949)
Bodenheimer, Jurisprudence: The Philosophy and Method of the Law , Oxford University Press,
London (1974)
Rajeev Dhavan, The Supreme Court of India : A Socio-legal Critiques of its Juristic Techniques, N M
Tripathi, Bombay (1977)
Laxminath A, Precedent in the Indian Legal System, Eastern Book Co New Delhi1990)
Von Mehren, The Civil Law System: Cases and Materials, Prentice-Hall, New York (1957)
M.D.A.Freeman, Lloyd's Introduction to Jurisprudence 6 thedn, Sweet and Maxwell, London (1994)
UpendraBaxi, The Indian Supreme Court and Politics, Eastern Book Co., Lucknow, (1980)
UpendraBaxi, Courage, Craft, and Contention: The Indian Supreme Court in the Mid-Eighties, N. M.
Tripathi, Bombay (1985).
Arun Shourie, Courts and Their Judgments: Premises, Prerequisites, Consequences, Rupa and Co,
New Delhi (2005)
Neil Duxbery, Jurists and Judges: An Essay on Influence, Hart Publishing (2001)
Julius Stone, Legal Systems and Legal Reasoning, Stanford University Press, Stanford (1964)
 S1-SPECIALIZATION CORE COURSE-2

LML5205-SOCIO ECONOMIC OFFENCES

This Course requires five hours per week in the semester. Transaction is through lectures, assignments, classroom
seminars, special lectures by outside experts, classroom discussion, and tutorials. End Semester Examination is written
examination of three hours duration.

Course Outcome

​ The students will demonstrate their practical knowledge about the Socio
Economic offences

​ The students will enrich their knowledge regarding various socio-economic

problems in India.

​ The students will acquire the knowledge of various Acts like Prevention of
Corruption Act, 1988, Prevention of Food Adulteration Act, The Dowry
Prohibition Act, 1961 etc

1.​ White Collar Crimes Explanations-Differential Association Theory-Scope,

Extent and Limitation- Concept of socio economic offence and white collar crimes –
Distinction –Causes and growth of socio-economic offences-mensrea - Need for
deviation from general principles of criminal law.
2.​ Corporate Criminal Liability -mens rea – Liability of the corporation – Liability
of individuals - punishment – Corporate Manslaughter-Environmental
Damage-Fixation of Liability-Role of Criminal Law-
3.​ Banking and Credit Card Frauds –Introduction to Banking-Indian Financial
System - Banking Regulations (including Codes & Ethic) - Anti Money Laundering
Act 5. KYC norms Unit Frauds in Banking Sector - Credit Cards and Crimes related
thereto - Credit Cards – Introduction and Types -Business Process- Payment Systems:
Domestic
and International ,Case Study-Types of Frauds in Property Insurance/Motor/Health
 insurance -Potential types of Frauds with Case Studies-Money Laundering
4.​ Right of the Accused in Socio Economic Offences – Admissibility of
confessions – Provisions for search and seizure – bail – Need for new investigative
mechanism.Burden of proof – special rules of evidence – minimum punishment –
mandatory imprisonment. Denial of parole-
5.​ Investigation, special machinery for investigation of socio-economic
offences-Trial and punishment of socio-economic offences - special rules of evidence
and treatment 6.Corruption among Public Persons-Response of Indian Legal Order to
Deviance of Privileged​ Classes-Vigilance​
Commission-Ombudsman-Commissions​ of​
Inquiry- Statutory Response to Corruption-Prevention of socio-economic offences -
role of judiciary, mass media and social organisation.
The latest editions of the following books are the suggested readings
Neal Shover, JohnPaul Wright, Crimes of Privilege, Readings in White-Collar Crime, Oxford
University Press, Oxford (2000).
Stuart P. Green, Lying, Cheating, and Stealing, A Moral Theory of White-Collar Crime, Oxford
University Press, Oxford (2007)
Upendra Baxi, Liberty and Corruption: The Antulay Case and Beyond, Eastern Book Co, Lucknow
(1989)
SurendranathDwevedi and G.S. Bbargava, Political Corruption in India (1967)
Amanda Pinto, QC; Martin Evans, Corporate Criminal Liability,3rd Edition, Sweet & Maxwell,
London (2013)
Rudi Fortson, Misuse of Drugs and Drug Trafficking Offences, 6th edn, Sweet & Maxwell, (2012)
Paul H Cohen; Arthur Marriott, International Corruption, Sweet & Maxwell, London (2010)
Edwin H Sutherland, White Collar Crimes, Yale University Press, New York
M.MaheshChandra,Socio – Economic Crimes, N. M. Thripathi, Bombay
Michael L Benson & Sally S Simpson,While Collar Crimes on Opportunity Perspective, Routledge,
New York
Lacy Wells and Quick,Restructuring Criminal Law, Cambridge University Press, Washington
Law Commission of India, 29th and 47th Reports
Chandra Mahesh, 1979, Socio Economic Crime, N.M. Tripathi Pvt. Ltd.
Blum Richard H, 1972, Deleivers and Deceived, Charles, C. Thomas Publishers.
Oughton, Frederick, 1971, Fraud and White collar crime, Eleck Bock Ltd.,
Lal Bhure, 2003, Money Laundering: An insight into the dark world of Financial Frauds, Siddharth
Publications.
Anabui, Farhad and Kakabadse, Andrew, 2004, Corporate sabotage, Jaico Publishing House.
Bologna, Jack, 1984, Corporate Fraud, Butterworth Publishers. 7. Green Timothy, 1977,
 S2-SPECIALIZATION CORE COURSE-2
LML5206CONSTTUTIONAL RIGHTS AND
SOCIAL JUSCTICE
[4 CREDITS]

This Course requires five hours per week in the semester. Transaction is through lectures,
assignments, and classroom seminars, special lectures by outside experts, classroom discussion, and
tutorials. End Semester examination is written examination of three hours duration

COURSE OUTCOME
Students who complete this course will be able to:
1.​ Understand the theoretical foundation of preamble and fundamental Rights and the
concept of Social Justice reflectioned through Fundamental Rights and Directive Principles
of State Policy
2.​ To analyse Judicial approach towards interrelationship between FR and DPSP
and of Fundamental Duties
3.​ To identify the constitutional scheme for guaranteeing FR- Peculiar
features of terminology in Part III
4.​To analyse fundamental freedom under Article 19 and Reasonable Restrictions-

5.​ Understand the concept of Right to Life and Personal Liberty- Judicial
activism in interpreting Article 21- Socio Economic Rights under Article 21 and
Social Justice
6.​ Understand principles of Secularism and Freedom of Religion under Indian
Constitution- Rights of the Minorities- Right to move SC for enforcement of FR- Impact of
emergency in FR
UNITS
1)​ Indian Constitution and Social Revolution- Theoretical Foundation of
Fundamental Rights- Preamble of the Constitution
2)​ Concept of Social Justice Reflectioned through Fundamental Rights and
Directive Principles of State Policy- Judicial approach towards interrelationship
between FR and DPSP- DPSP as basic policy choices- Significance of
Fundamental Duties
3)​ Constitutional scheme for guaranteeing FR- Peculiar features of
terminology in Part III- Right to equality, equity and social justice- Test to
determine violation of equality- intelligible differentia rational nexus- Doctrine
of Arbitrariness- equality and social justice through protective discrimination,
Constitutional scheme and judicial approach
4)​ Fundamental Freedom under Article 19 and Reasonable Restrictions- Right
to Life and Personal Liberty- Judicial activism in interpreting Article 21- Socio
Economic Rights under Article 21 and Social Justice
5)​ Secularism and Freedom of Religion under Indian Constitution- Rights of
the Minorities- Right to move SC for enforcement of FR- Impact of emergency
in FR
Suggested Books
H.M Seervai ,Constitutional Law of India , Volume 1 and 2 ( Universal Law Publishing Company,
2015) (Refer Volume 2 of pages 969-2021 and 2205-2240)
D.D Basu, Commentaries of Constitution 22nd ed., 2015 Chapter Fundamental Rights (Lexis
NexisPublication)

REFERENCE BOOK
LauranceH.Tribe, American Constitutional Law (3rd ed., 2000) (Foundation Press)
A.V Dicey, An Introduction to the Study of the Law of the Constitution(10th ed., 1959) (Universal
Law Publishing Co. Pvt Ltd )
Neal Devins and Louis Fisher, Democratic Constitution 133-325 (2nd ed., 2015) (Oxford University
Press)
Austine Granville Indian Constitution Corner Stone of a Nation(Oxford University Press, 1999)
Avid A. Strauss ,The Living Constitution (Oxford University Press, 2010)
Austine Granville Working a Democratic Constitution: A History of the Indian Experience (Oxford
University Press, 2003)
Comparative Constitutionalism in South Asia in Sunil Kulkarni, VikramRaghavan and
ArunK.TiruVengadam in (Ed) (Oxford University Press, 2013)
Feminist Constitutionalism- Global PerspectiveinBeverely Baines, Daphne Barak Erez, TsviKahana
in (Ed) (Cambridge University Press, 2012)
Arthur Ripstein, Equality, Responsibility and the Law(Cambridge University Press, 2001)
Advancing the Human Right to Healthin Jose M. Zuniga , Stephen P. Marks, Lawrence O Gostin
(Ed) (Oxford University Press, 2013)
Mark S. Eende ,Constitutional Rights in Two Worlds South Africa and the United States (Cambridge
University Press, 2010)
David Luban ,Legal Ethics and Human Dignity (Cambridge University Press, 2009)
Howard Lesnick, Religion in Legal Thought and Practice (Cambridge University Press, 2010)
Alicia Ouellette, Bioehics and Disability Towards a Disability- Conscious Bioethics (Cambridge
University Press, 2013)
Streling M. McMurrin ,Liberty Equality and Law (Cambridge University Press, 2011)
Patrick Birkinshaw, Freedom of Information(4th ed.,) (Cambridge University Press, 2010)
Chris ThornhillA Sociology of Constitution (Cambridge University Press, 2011)
Colin Turpin and Adam Tomkins British Government and the Constitution
(7th ed., 2012) (Cambridge University Press)
Simon Caney, Justice Beyond Borders 1-148 (Oxford University Press, 2010)
 ELECTIVE COURSE-2

LML5006 HUMAN RIGHTS AND CRIMINAL JUSTICE

SYSTEM
This Course requires five hours per week in the semester. Transaction is through lectures, assignments,
classroom seminars, special lectures by outside experts, classroom discussion, and tutorials. End Semester Examination is
written examination of three hours duration.

Students who complete this course will be able to:

​ ​ Understand the major provisions of the Constitution of India dealing with the Division of

powers between States and the Centre and Centre-State relations in matters connected with
Criminal Justice Administration.
​ ​ Analyse the Organization of Criminal Courts in India and the hierarchy of lower judiciary,

Special Courts, High Courts and the Supreme Court.

​ ​ Develop a clear idea about the Organizational set up of Police, police powers for

prevention & investigation into crimes, the Role of courts in investigation and the
Prosecution system.
​ ​ Understand the scheme of UNO and its agencies along with the International documents on

Human Rights and Criminal Justice Administration.

​ ​ Appreciate the importance of Implementation of international human rights norms and the

Constitutional machinery and Procedure for implementing international norms in India.

​ ​ Examine the Role of the Supreme Court and the High Courts in implementing human

rights standards in Criminal Justice Administration in India.

​ ​ Analyse the Role of NGOs in popularizing international standards and to have a critical

evaluation of the same.

UNITS
1.​ Constitution of India - Division of powers between States and the Centre -
Centre- State relations in matters connected with Criminal Justice Administration
2.​ Organisation of Criminal Courts in India - The hierarchy of lower judiciary,
Special Courts, High Courts and the Supreme Court
3.​ Criminal Jurisdiction of High Court and the Supreme Court - special features -
The supervisory role of appellate courts
4.​ Organisational set up of Police - police powers for prevention & investigation
into crimes - Role of courts in investigation - Prosecution system
5.​ Correctional​ and Rehabilitative techniques
​ - institutional and non-institutional treatment of offenders
6.​ UNO and its agencies - UN Charter and India - International documents on
Human Rights and Criminal Justice Administration
7.​ Implementation of international human rights norms - Constitutional
machinery in India - Procedure for implementing international norms
8.​ Role of the Supreme Court and the High Court in implementing human
rights standards in Criminal Justice Administration.
9.​ Role of NGOs in popularizing international standards - A critical
evaluation. 10 Impacts of International Instruments on Criminal Procedure
Law in India
The latest editions of the following books are the suggested readings
P. B. H. Birks, Criminal Justice and Human Rights: Pressing Problems in the Law, Vol 1, Oxford University Press,
Oxford (1995)
Stephen Shute, John Gardner, Action and Value in Criminal Law, Oxford University Press, Oxford (1993)
Joel Feinberg, The Moral Limits of the Criminal Law: Harm to Others, Vol 1, Oxford University Press, Oxford (1987)
Joel Feinberg, The Moral Limits of the Criminal Law: Offense to Others, Vol 11, Oxford University Press, Oxford (1988)
Joel Feinberg, The Moral Limits of the Criminal Law: Harm to Self, Vol 111, Oxford University Press, Oxford (1989)
 THIRD SEMESTER
S1-SPECIALIZATION CORE COURSE-3
5307-CRIME AGAINST WOMEN AND CHILDREN
.
This course requires five hours per week in the semester. Transactions are through lectures,
assignments, classroom seminars, special lectures by outside experts, classroom discussion and
tutorials. End semester examination is written examination of three hours duration.
Course Outcome
●​ This course helps students to understand the various issues faced by women and
children in the society.
●​ The alarming rate in crime against women and children reminds more
concentration on the subject with due care
●​ To understand the comporary development in the area of women and children’s
Rights internationally and regionally
●​ To understand the situations of women’s vulnerability and the causes for crime
against women

Unit I- Pre and Post Independence Era

Ancient Period- Women’s Movement- Freedom Movement –-Post Colonial Period-
Crime against women as an impediment to Women’s empowerment- Origin and
Development of theories of Feminism- Feminist Jurisprudence- Concept of Gender
Justice
Unit II- Violence against Women and Children
Indecent representation of Women- Rape and Murder-War Crime against Women and
children-Domestic Violence- Sexual harassment in Work Place-Honor Killing-Cyber
Bullying-Acid Attack-Mothers in Prison and their Children- Violence relating to
Dowry- Prostitution as a crime- Female Foeticide and Infanticide, PNDT
Unit III- Issues Relating to Children
Definition and Meaning of Child -Child Abuse-Child Labour- Child begging-Child in
War and Armed conflicts- Child in Disaster-Child missing and Child trafficking- Girl
Child- Child victims of Cyber Crimes- Child Pornography
Unit IV- Juvenile Delinquency
Definition and Meaning- Causes and Conditions-Theories of delinquency and Crime-
Difference between crime and Juvenile Delinquency- Offences by delinquents- Role of
police, Probation officers, NGO’s, Lawyers, Media- Judiciary and determination of the
term ‘Juvenile’- Bail-Special Home-Juvenile Justice Board
Unit V- Institutional Arrangements
National Human Rights Commissions-Women’s Commission -National Commissions
for the Protection of Child’s Rights- Gender Sensitization- Role of Universities, UGC,
other educational Institutions and NGOs
Suggested Readings
Desai, Neera and MaithreyKrishnaraj Women and Society in India: Ajantha, (1987)
Women in Contemporary India (Ed) Alfred De Souza, Ajantha (1987)
Women’s Studies in India: A reader (Ed.) Mary John Penguin publications, New Delhi, 2008
Savitha Bhakray, Children in India and their Rights (NHRC publication, 2006)
Rosemary Tong, Feminist Thought – A Comprehensive Introduction Routledge; 4th edition (July 30,
2013)
Valerie Bryson Feminist Political Theory: An Introduction, Palgrave Macmillan; 2nd edition
(September 6, 2003)
K.D Gaur, The Indian Penal Code, Universal Law Publishing (2009)
M.webb, Our Stories of Domestic Abuse, Magical moon (2002)
Mary L. Boland , Crime Victim's Guide to Justice (Self-Help Law Kit With Forms) Paperback–
October 1, 1997 (Sourcebooks Inc, 1997)
Vera Anderson , A Woman Like You: The Face of Domestic Violence, Seal Press (1997)
Linda Fairstein Sexual Violence: Our War Against Rape, Berkley Books (1995)
Elaine Cassel and Douglas A. Bernstein Criminal Behavior Second EditionLawrenceEribaum
Associates, London (2007)
Clayton A. Hartjen ,Youth, Crime, and Justice: A Global Inquiry Rutgers University Press (2008)
Justice for Kids: Keeping Kids out of the Juvenile Justice System By Nancy E. DowdNew York
University Press, 2011
 S1-SPECIALIZATION CORE COURSE-4

LML 5308
JURISPRUDENCE OF PUNISHMENT(4 CREDITS)-
This Course requires five hours per week in the semester. Transaction is through
lectures, assignments, classroom seminars, special lectures by outside experts, classroom
discussion, and tutorials. End Semester Examination is written examination of three
hours duration.

COURSE OUT COME

After the completion of this course the students :
will be getting an exclusive understanding of criminal policies including theories of
punishment, their supposed philosophical and sociological justifications. It includes the
areas on the problematic discretion in the sentencing experience of the developing
societies, a focus normally absent in law curricula so far.

To understand how punishments have been evolved and the relationship between nature
of crime with the nature of punishment need for correlations

Unit 1:
Concept of punishment – Origin of Punishment-Rationale of punishment-Need for
punishment- Justification of Punishment- Authority of State to impose punishment-
Imposition of Punishment by sovereign State and International Criminal Court-
Punishment under common law and continental system
Unit 2
Jurisprudential Issues and Theories of Punishment-Transcendentalists’ versus
Utilitarians - Kelsonites versus Benthamites - Retribution - Limiting Retributivists -
Rule Retributivists -Deterrence-General Deterrence and Specific Deterrence -
Incapacitation: Behavior Prevention -Reformation and Rehabilitation-Traditional
Hindu and Islamic Approaches- Expiation and Atonement-Western Ideas of
Restorative Justice
Unit 3
Different forms of punishment-Corporal and Non-corporal Punishment- Death Penalty
-Trend of Abolition world over -Retentionist Countries use it as a ‘rarest of rare’
sentence -Death Penalty and Judicial approaches -Imprisonment-Solitary Confinement
Unit 4:
Legislative and Judicial Regulation of Punishment -Right to Pre-sentence hearing –
Limited Legislative Guidance on Sentencing -Maximum provided for a majority of
offences- For few offences minimum also provided- Sentencing policy-Role of judges-
Sentencing accords a wide discretion to judiciary without any kind of guidelines –
Sentencing disparity – Subjective, judge-centric sentencing-Simple
Imprisonment, rigorous imprisonment and life imprisonment -
Unit 5:
Prison as an Agency of Punishment -Prison as a system- History and evolution of Indian
Prisons -Prisoners rights and duties -Prison Reforms – Various kinds of Prisons
- open prisons-Prison Labour-Contribution of Judiciary in prison reforms

Unit6:
Special Forms of Punishment/Sentencing- Probation-Probation under the Probation of
Offenders Act 1958- Sections 3,4,6 &12- Probation under Cr.P.C.- Sections 360, 361,
256E(a) & (b)-Probation and Judicial Process
Suggested Readings
Michael Tonry, The Handbook of Crime and Punishment, Oxford University Press, Oxford (2000)
Franklin E. Zimring, The Contradictions of American Capital Punishment: Studies in Crime and
Public Policy, Oxford University Press, Oxford (2003)
Andrew Ashworth, Martin Wasik, Fundamentals of Sentencing Theory: Essays in Honour of Andrew
von Hirsch-Oxford Monographs on Criminal Law and Justice, Oxford University Press, Oxford
(1998)
Matt Matravers, Justice and Punishment: The Rationale of Coercion, Oxford University Press,
Oxford (2000)
R.A. Duff, Lindsay Farmer, The Constitution of the Criminal Law,Oxford University Press, Oxford
(2013)
Rowan Cruft, Matthew H. Kramer Crime, Punishment, and Responsibility: The Jurisprudence of
Antony Duff, Oxford University Press, Oxford (2011)
R.A. Duff, Lindsay Farmer ,The Structures of the Criminal Law, Oxford University Press, Oxford
(2011)
Douglas Thomson, Prisons, Prisoners and Parole, 2nd Edition, W. Green, London (2013)
Philip Whitehead, Modernising Probation &Criminal Justice, Sweet & Maxwell, London (2007)
Robert Banks, Banks on Sentence, Sweet & Maxwell, London (2013)
John Deigh, David Dolinko, The Oxford Handbook of Philosophy of Criminal Law, Oxford
University Press, Oxford (2011)
Steven P. Lab, Marian Williams, Explaining Criminal Justice, Oxford University Press, Oxford
(2007)
H.L.A. Hart, John Gardner, Punishment and Responsibility: Essays in the Philosophy of Law, 2
ndedn, Oxford University Press, Oxford (2008)
Neil Corre, David Wolchover, Bail in Criminal Proceedings, 3 rdedn, Oxford University Press,
Oxford (2004)
Hugo Adam Bedau, The Death Penalty in America: Current Controversies, Oxford University
Press, Oxford (1998)
Mike Maguire, Rod Morgan, Robert Reiner, The Oxford Handbook of Criminology, 5 thedn,Oxford
University Press, Oxford (2012)
Herbert L. Packer, The Limits of Criminal Sanction, 1968.
S. Chhabbra, The Quantum of Punishment in Criminal Law, 1970.
Siddique, Criminology, Eastern: Lucknow, 1984.
Andrew Ashworth, The Sentencing Function, OUP (2010)
Nigel walker, Sentencing-Theory and Practice, Butterworths London,1996
Nigel walker, Sentencing in a Rational Society, 1972 Mehraj Uddin, Crime and Criminal Justice
System in India, 1984
 S2-SPECIALIZATION CORE COURSE-3
LML 5309-CENTRE STATE RELATIONS
This Course requires five hours per week in the semester. Transaction is through lectures,
assignments, classroom seminars, special lectures by outside experts, classroom discussion, and
tutorials. End Semester Examination is written examination of three hours duration.
COURSE OUTCOME:
●​ After the completion of this course the students will be able to understand structure of the
Indian Polity and principles, procedures and practices adopted by Indianparliament.

●​ The students will get an insight into the federal features of the Constitution of India and
focuses on the Legislative, Administrative and Financial relations between the Centre and the
States, Role of the Governor and Impact of Emergency on Centre state Relations.

●​ To understand the power relationships between the centre and the state governments

Unit-1. General Features

1.1.​ Historical evolution of federal features in India
1.2 . Nature of Indian Federalism –Dominant features of the Union over the States
1.3.​ Judicial Perspective over the Indian federalism
1.4.​ Position of the Governor
1.4. All India Services

Unit-2.Legislative Relations

1.1.Doctrine of Territorial Nexus

2.2.​Scheme of distribution of legislative powers between Union and States
2.3.​Principles of interpretation of lists- Doctrine of Pith and Substance; Doctrine of
Colorable Legislation; Doctrine of harmonious construction; Ancillary
legislation
2.4.​Residuary Powers
2.5.​Parliament’s power to legislate on the State List
2.6.​Inconsistency between laws passed by Parliament and State legislature

Unit-3.Administrative Relations

3.1.​Distribution of executive powers

3.2.​Inter-governmental delegation of powers
3.3.​Centre’s directive to State &other Constitutional provisions
3.4.​All India services
3.5.​Co-operative federalism; disputes relating to waters, Inter-State Council
Unit-4.Financial Relations
4.1.​Introduction to Allocation of taxing powers-Central taxes, State Taxes, Concurrent
Taxes, No tax outside the tax entries
4.2.​Funds-Consolidated and Contingency funds
4.3.​Public Accounts
4.4.​Tax and Fees
4.5.​Restrictions on taxing powers
4.6.​Inter-Government Tax immunities
4.7.​Tax-sharing
4.8.​Grants-Grants-in-lieu; Grants-in-aids; Specific Purpose Grants
4.9.​Finance Commissions
4.10.​Borrowing Powers

Unit V- Emergency Provisions

5.1.​National Emergency
5.2.​State Emergency
5.3.​Financial Emergency
5.4.​Imposition of President Rule In States
Text Books And Reference Books
A.G. Noorani, (ed.), Centre State Relations in India, Bombay: Lesley SaehneyProgrammeforTraining,
1972.
Ashok Chandra, Federalism in India.
De JatindraRanjan, Development of Federalism in India, Gauhati :Bani Prakashani,1974.
Desai, Justice D.A. Prasad Anirudh, Centre And State Powers Under Indian Federalism.
Dr. Subhash C. Kashyap, The Framing of India’s Constitution- A study & Constitution making since
1950- An Overview.
Dr. Subhash C. Kashyap, Constitution of India: Review and Reassessment.
Dr. Subhash C. Kashyap, Indian Constitution-Conflicts and Controversies.
Dr. Subhash C. Kashyap, Commentary on Constitution of India.
Dr.Subhash C. Kashyap, Our Constitution-An Introduction to India’s Constitution and Constitutional Law,
5th edition reprint 2014.
G.C.V Subbarao, Legislative powers in Indian Constitutional Law.
Glanville Austin, The Indian Constitution: Cornerstone of a nation, Delhi; Oxford University Press.
H.M. Seervai, Constitutional Law of India – Vol.I&II.
K.C.Wheare, Federal Government.
K.P. Krishna Shetty, the Law of Union-State Relations and Indian Federalism.
K.Subba Rao, the Indian Federation.
Kabbur, A.S. Centre-State Relations in India, New Delhi: Trust Books, 2004.
Keith A.B. , Constitutional History of India.
L.M Singhvi, Union-State Relations in India.
M.P Jain, Outlines of Indian Legal History.
M.P.Jain, Indian Constitutional Law.
M.V Pylee, Constitutional History of India.
Monica David, Indian Legal and Constitutional History, 1600-1949, Vimala Publications, 1968.New
Delhi: Deep & Deep Publications, 1981.
Seetalvad’s Lectures on Constitutional law.
Setalvad M.C, Constitutional History of India.
Shubh Narayan Singh, Centre state relations in India: major irritants & post-Sarkaria review.
Subba Rao G C V Indian Constitutional law.
Subbarao’s Lectures on Constitutional law.
Telang’s Lectures on Constitutional Law.
Tope T K ,Constitutional law of India by Justice SujataManohar, Eastern book company.
V.D. Sebastian, Indian Federalism: the Legislative Conflict
 S2-SPECIALIZATION CORE COURSE-4
LML 5310 - CONSTITUTION AND GOVERNANCE
This Course requires five hours per week in the semester. Transaction is through lectures,
assignments, classroom seminars, special lectures by outside experts, classroom discussion, and
tutorials. End Semester Examination is written examination of three hours duration.

COURSE OUTCOME
Students who complete this course will be able to:
​ Get an insight into the forms of government and basic principles governing organisation of
government.

​ The students will get the understanding on the organisation of legislature, executive and judiciary,
judicial review and electoral reforms and decentralization

​ To appreciate and understand the constitutional theme of governance and the power balances
in the sechemes

Unit I- Basic Principles of Organisation of Government and Forms of Government

1.1​ Presidential and Parliamentary forms of Government
1.2​ Government under the U.S. Constitution
1.3​ Basic principles underlying Government in France
1.4​ Nature of Government in U.K.
1.5​ ​Comparative and differentiating features of governance in India, U.K., U.S.A.
and France.
1.6. Rule of Law and Governance
1.7 .Separation of Powers

Unit II-Organisation of the Legislature and the Executive

2.1​ Organization of Legislature
22​ Nature of Legislative Process
2.3​ Extent of Executive Powers
2.4​ Emergency powers
2.5​ Relation between Legislative and Executive powers
Unit III- Judiciary System
3.1.​ Organization of the judiciary
3.2.​Independence and accountability of Judiciary
3.3.​ Appointment of and Removal Judges and Enquiry against Judges
3.4.​ Creative role of Judiciary
3.5​ Evolution and functioning of Tribunals

Unit IV- Judicial Review

4.1.​Significance of Judicial Review
4.2.​ Judicial Review of Legislation and Delegated Legislation
4.3.​ Judicial Review of administrative action
4.4.​ Judicial Review of Constitutional Amendments
3.5 .Parliamentary Privileges ,Fundamental Rights and Judicial Review

Unit V- Electoral Process and Democratic decentralization

5.1.​Relevance of elections in Democracy
5.2.​Constitutional Provisions Relating to Elections
5.3.​Measures to prevent defection
5.4 .Concept of democratic Decentralisation
5.5.Constitution and Local Governance

Text Books and Reference Books

A.V.Dicey, Introduction to the Study of Constitution.

Brandt, E.M.; An Introduction to Constitutional Law ; Oxford University Press.
Bernard Schwartz Commentary on American Constitution.
BhagwanVishnoo, BhushanVidya, World Constitutions.
Cane, Peter; Administrative Law ; Oxford University Press.
Dauglus W.O, Studies in Indian and American Constitutional Law.
Finer, S.E.; Comparative Government ; Penguin Books.
Godfrey and Blondel, The French Constitution and Government.
Jain, M.P.; Indian Constitutional Law ; LexisNexis.
K.C.Wheare, Modern Constitutions.
Loughlin, Martin; The Idea of Public Law; Oxford University Press
Mason and Beany, American Constitutional law.
Rodney Brazier, Constitutional Practice.
Rotunda and Nowak, Treatise on American Constitution.
Singh, M. P.; V.N Shukla’s Constitution of India; Eastern Book Company.
Tom Ginsburg, Rosalind Dixon, Comparative Constitutional Law.
H.M. Seervai, Constitutional Law of India ( Fourth Edition, NM. Tripathi).
Vicki C. Jackson, Mark V. HYPERLINK
"http://www.google.co.in/search?tbo=p&tbm=bks&q=inauthor:%22Mark+V.+Tushnet%22"Tushnet,
Comparative Constitutional Law.
 ELECTIVE COURSE
LML5003-RIGHT TO LIFE AND LIBERTY[TWO CREDITS]

This Course requires three hours per week in the semester. Transaction is through lectures,
assignments, classroom seminars, special lectures by outside experts, classroom discussion, and
tutorials. End Semester Examination is written examination of two hours duration.
COURSE OUTCOME

​ Understand the nature and concept of Life-Concept of Liberty- Constitutional and

Human Rights Perspectives

​ Analyse the Judicial Interpretation under Article 21- Expansion of Right to Life and
Liberty

​ Understand Law of the Land Concepts- Concept of Equity and Due Process and
Procedure Established by law

​ Identify the Interrelationships between Part III and Part IV of the Constitution.

​ To appreciate the evolution of the concept of right to life under article 21 and the role
of the judiciary in evolving an expansionist interpretation of right to life

1​ Nature and Concept of Life-Concept of Liberty-Constitutional and Human

Rights Perspectives
2​ Judicial Interpretation under Article 21- Expansion of Right to Life and Liberty
under Article 21-Environment, Health Care, Privacy, Shelter, Legal Aid, Employment,
Compensation, and Right to Education.
3​ Law of the Land Concepts- Concept of Equity, its Nature, and Scope- Due
Process, its Scope, and Extent-Indian Reactions- Procedure Established by law and
 Due Process of Law-
4​Interrelationships between Part III and Part IV of the Constitution.
The latest editions of the following books are the suggested readings
Laurence H Tribe, American Constitutional Law, 3 rdedn, Foundation Press, Mineola, New York
(2000).
M P Singh, V N Shukla: Constitution of India, 12 thedn, Eastern Book Co, Lucknow (2013).
M P Jain, Indian Constitutional Law, 5 thedn, Wadhwa, New Delhi (2003)
H M, Seervai, Constitutional Law of India: A Critical Commentary, 4 thedn N M Tripathi, Bombay
(1993)
 FOURTH SEMESTER
COMPULSORY CORE COURSE
03- LLM5401-DISSERTATION AND VIVA [EIGHT
CREDITS]

Course Outcome
Students who complete this course will be able to:
​ Imbibe a deeper understanding of the area of research selected by the students and develop the
research aptitude
​ Inculcate critical thinking and encourage students to evaluate literature in a critical perspective

​ Improve the writing and analytical skill and develop the ability to compile and organize the thesis in
a coherent manner
​ Encourage the students to publish their work in reputed journals

​ To Inculcate the Aspects Of Original Research

​ To encourage creativity in research and originality of research and maintaining integrity and ethics in
research.

Students may submit their dissertations on the date fixed by the Department. Students
will be given appropriate training by the Department in preparing and writing
dissertation, during third and fourth semester period.Selection of the topic of current
importance and preparation of Synopsis must be completed in the Third Semester
itself. The topic shall be approved by the Faculty Council.The dissertation shall be
prepared by the student under the guidance of a member of the faculty or, in the caseof
subjects, which so demand, an external guide, to be decided by the Faculty Council.In
this Course, a student will not be considered for Grading unless he/she submits the
dissertation and appears for viva voce.
 ELECTIVE COURSES

LML5004- FUNDAMENTALS OF HUMAN RIGHTS

[FOUR CREDITS]
This Course requires three hours per week in the semester. Transaction is through lectures,
assignments, classroom seminars, special lectures by outside experts, classroom discussion, and
tutorials. End Semester Examination is written examination of three hours duration.

COURSE OUTCOME
After studying this course, the students will be able to:

●​ understand the historical growth of the idea of human rights

●​ demonstrate an awareness of the international context of human rights

and understand Concepts under International Instruments
●​ analyse and evaluate concepts and ideas of Rights to Life, Liberty,
Dignity, and Equality.

●​ understand the importance Rights of Emerging Groups- Rights of

LGBTQ

●​ To comprehend the international relevance OF​ basic rights of man

and the evolution of human rights
●​ To​ understand​ the​ enforcement​ mechanism​ of​ human​ rights​ at
international , regional and national level

Units

1​ Rights of Man- Historical and Theoretical Roots- Human Rights –Meaning

Nature and Evolution-Developments-Magna Carta to U N and other International
Documents- Role of Regional Organisations
2​ Justification and Basis of Human Rights-Theories- Generations of Human Rights
3​ Human Rights and Natural Law –Concept and Evolution of Natural
Rights-Natural Rights under Western Legal Thought-Utilitarian and Social Contract
Theories
4​ Concepts of Rights to Life, Liberty, Dignity, and Equality-Juristic Basis-
Constitutional​ Perspectives-Concepts​ under​ International​ Instruments-​
Judicial Approach
5​ Human​ Rights​ Institutions-​ Enforcement​of​ Human​
Rights-​ National​ and International
6​ Terrorism and Human Rights- Rights of Refugees and Internally Displaced People
7​ Right to Development- Rights of Emerging Groups- Rights of LGBTQ
The latest editions of the following books are the suggested readings
MashoodABaderin, Robert McCorquodale, Economic, Social and Cultural Rights in Action, Oxford
University Press, New York (2007)
W.Friedman, Legal Theory, Universal Book Traders, New Delhi.
George P Fletcher, Basic concepts of Legal Thought, Oxford University Press, New York (1996)
Arthur Ripstein, Equality, responsibility and the Law, Cambridge University Press, Cambridge
(1999)
M.RamaJois,Legal and Constitutional History of India, M.N Tripathi, Mumbai (1990)
Van der Heijden (Ed), Reflections of UDHR, MartinusNijhoff Publishers, London (1998)
Robertson and Merrils, Human Rights in the World, Universal Law Publishing, New Delhi (2005)
D.D Basu, Human Rights in Constitutional Law, Prentice Hall, New Delhi (1994)
P.Van Dijk, Van Hoop, Theory and Practice of European convention on Human Rights, Kluwer Law
International, London (2002)
Steiner, Alston, and Goodman, International Human Rights in Context – Law, Politics and Morals,
Oxford University Press, New York (2008).
Adam McBeth, Justine Nolan, The International Law of Human Rights, Oxford University Press,
Oxford (2012)
Theodor Meron, Human Rights in International Law: Legal and Policy Issues, Oxford University
Press, Oxford (1986)
Arjun Sengupta, Archna Negi, Moushumi Basu - Reflections on the Right to Development (2005)
David J. Whittaker Counter-Terrorism and Human Rights (2014)
Anne FrumaBayefsky, Joan M. Fitzpatrick, Arthur C. Helton, Human Rights and Refugees, Internally
Displaced Persons and Migrant Workers (2006)
Susan Henneberg, LGBTQ Rights (2016)
LML5007-COMPARATIVE CRIMINAL PROCEDURE
[FOUR CREDITS]
This Course requires five hours per week in the semester. Transaction is through lectures, assignments, classroom
seminars, special lectures by outside experts, classroom discussion, and tutorials. End Semester Examination is written
examination of three hours duration.

COURSE OUTCOME
Students who complete this course will be able to:
●​ Understand that the course in Comparative Criminal Procedure is designed to acquaint
students with different systems of criminal law.

●​ Individual study, attendance and participation in the proposed training activities will enable
the student to:

●​ Understand the differences between civil law and common law criminal systems;

●​ Understand that at present common law systems tend more and more to leave room for civil
law and, at the same time, civil law systems to apply the principles of legal reserve and
prohibition of analogy in a less rigorous way;

●​ Interpret and identify the main general criminal provisions present in the systems prevails in
England India , France and China

●​ To make a comparative study of the criminal procedure codes in the common law and the
continental law;

●​ To acquaint students with different systems of criminal law.

●​ To expose the students to training activities for acquiring practical knowledge of Criminal
Procedure
●​ To understand the differences between civil law and common law criminal systems;
●​ ​To understand how each system tries to recognise and imbibe the best practices of the other
systems
●​ To interpret and identify the main general criminal provisions present in the systems prevails
in England India , France and China
●​ To make a comparative study of the criminal procedure codes in the common law and the
continental law;

Units
1 Organisation of courts in England, India, France and China
2 Origin of various Criminal Trials – Jury trial
3​ Rights of the accused - arrest and interrogation - evidentiary value of
statements given to the police – Privilege against Self-incrimination-obligation to
testify.
4​ Role of police and prosecutor in criminal justice administration-prosecutors
position in continental system-pooling of magistrates and prosecutors as same cadre in
continental system.
5​ Accusatory and inquisitorial trial - role of the judge and defence attorneys in
trials – manner of selection and training of judicial officers in common law systems
and continental systems-impact of sharing of common value by prosecutors and
magistrates in continental system.
6​Preventive measures in comparative terms-bail and denial of bail

7​Admissibility of Evidence – Exclusion of Evidence. Basis of the Exclusionary Rules

- Position in U.S., U.K., Canada, Australia and India-evidentiary rule in continental
system.
Latest editions of the following books and the articles are the suggested readings.
John H.Langbein, The Origins of Adversary Criminal Trial, Oxford University Press, Oxford (2003)
CherifBassiouni M (Ed), International Criminal Law: Cases and Materials, Carolina Academic Press, (1996).
Patrick Devlin, The Criminal Prosecution in England, Oxford University Press, Oxford (1960)
Rawlings P, Crime and Power: A History on Criminal Justice, Longman, New York (1998)
K N C Pillai, RV Kelkar’s Lectureson Criminal Procedure, Eastern Book Co, Lucknow (2003)
Tagore Law Lectures
John H. Langbeint and Lloyd L. Weinreb, “Continental Criminal Procedure: Myth" and Reality”,87 Yale L J 1549 (1978)
Jayasankar.K.I, Role and Functions of Prosecutors-A Comparative overview’, 2010CULR,p.108
Christine Van Den Wyngaert, Criminal Procedure System in the European Community
Kevin Jon Heller(Ed),The Handbook of Comparative Criminal Law, Stanford University Press
(2011) Christoph Safferling, International Criminal Procedure, Oxford University Press, Oxford
(2012) John H. Langbein, The Origins of Adversary Criminal Trial, Oxford University Press, Oxford
(2003)
Van den Wyngaert, Christine with C. Gane, H.H. Kuhne and F. McAuley (eds), Criminal Procedure Systems in the
European Community, Butterworths, London (1993)
Mary Ann Glendon, Michael W. Gordon &Christopher Osakwe, Comparative Legal Traditions, 2nd edn, West
Publishing Co, St Paul Minn (1994)
Abraham Goldstein, “The Myth of Judicial Supervision on Three Inquisitorial Systems: France, Italy and Germany, 87
YaleL.J. 24o (1977)
.Jayasankar.K.I‘Investigation into crimes-Supervision of Prosecutor’ Nalsar Law Review 4NLR 2008-2009 page.121
Jayasankar.K.I “Criminal Trial Process and the Role of Prosecutors: A comparative Perspective”, 2012 CULR
Glanville Williams, The Proof of Guilt: A Study of the English Criminal Trial, Hamlyn Lectures, Vol 7, Stevens,
London (1963)
John D. Jackson, Sarah J. Summers (Ed),TheInternationalisation of Criminal Evidence: Beyond the Common Law
and Civil Law Traditions, Cambridge University Press, Cambridge (20