ASHOKDADA SABLE LAW COLLEGE LL.M. PROGRAMME 2022-2023 CURRICULUM

 

LL.M. PROGRAMME - OBJECTIVE

--- To develop research skills among students

--- To ensure specialized knowledge in the field of Law

--- To encourage students to pursue further research education in the field of Law

--- To maintain national standards and international comparability of learning outcomes

--- To promote global academic standards and ensure global competitiveness,

--- To facilitate mobility of Post graduate learners.

 

 

LL.M. PROGRAMME - OUTCOME

--- After completion of the LL.M Degree Program the learners will be enabled to

--- The LL.M program, forwards disciplinary and interdisciplinary knowledge and understanding, generic skill, including global competencies to all students.

--- To acquire specialized knowledge in the respective domains of Legal studies and practice

--- - To become legal research analysts.

--- To become Legal luminaries, practitioners, officers and Judges.

--- To join the noble profession of teaching in Law

 

CURRICULUM SUMMARY:

a.  Foundation Papers

1.  Law and Social Transformation in India

2.  Indian Constitutional Law: New Challenges.

3.  Judicial Process

4.  Legal Education and Research Methodology

b.  Optional Groups

Criminal Law and Criminal Administration (Group 5) Business Law (Group 2)

c.  Dissertation and Choice Based Project work


Semester wise subjects:

 

Criminal Law and Criminal Administration (Group 5)

1st Year Sem. I

1.       Law & Social Transformation in India

2.       Indian Constitutional Law: New

Challenges

3.       Criminal Jurisprudence

4.       Penal Laws

 

 

 

1st Year Sem. II

1.       Judicial Process

2.       Legal Education & Research

Methodology.

3.       Criminology

4.       Collective Violence & Criminal

Justice System.

 

 

2st Year Sem. III

1.       Penology: Treatment of offenders

2.       Forensic science & scientific investigation of crimes.

3.       Practical

 

2st Year Sem. IV

1.       1.Dissertation & Viva presentation

2.       Interdisciplinary project


FOUNDATION PAPER I - LAW AND SOCIAL TRANSFORMATION IN INDIA (4 CREDITS)

 

-OBJECTIVE

-  Optimal utilization of knowledge of Jurisprudence towards the society.

-  To study the social problems of society and find their solution.

-  To have a legally tenable approach towards social problems.

OUTCOME

-  This course enables students:

-  To raise legal and social awareness.

-  To--- make-- suggestions-- to--- the-- law--- makers for enacting the law accordingly.

-  To make suggestions regarding Implementation of the laws through appropriate mechanism.

Module - I (1 Credit)

1.     Law and Social Change:

Law as an instrument of social change.

Law as the product of traditions and culture. Criticism and evaluation in the light of colonization and the introduction of common law system and institutions in India and its impact on further development of law and legal institutions in India.

 

2.     Religion and the Law:

Religion as a divisive factor. Secularism as a solution to the problem.

Reform of the law on secular lines: Problems. Freedom of religion and non-discrimination on the basis of religion.

Religious minorities and the law.

 

Module - II (1 Credit)

3.      Language and the Law:

Language as a divisive factor: Formation of linguistic states. Constitutional guarantees to linguistic minorities. Language policy and the Constitution, Official language; multi-language system.

Non-discrimination on the ground of language.


4.      Community and the law:

Caste as a divisive factor

Non-discrimination on the ground of caste.

Acceptance of caste as a factor to undo past injustices. Protective discrimination; Scheduled Castes, Tribes and Backward Classes. Reservation; Statutory Commissions, Statutory provisions.

Module - III (1 Credit)

5.     Women and the Law:

Crimes against women.

Gender injustice and its various forms. Women-s Commission.

Empowerment of women: Constitutional and other legal provisions

 

6.     Children and the Law:

Child labour

Sexual exploitation.

Adoption and related problems. Children and education.

Module - IV (1 Credit)

7.     Modernization and the Law:

Modernization as a value: Constitutional perspectives reflected in the fundamental duties.

Modernization of social institutions through law. Reform of family law

Agrarian reform -Industrialization of agriculture. Industrial reform: Free enterprise v. State regulation-

Industrialization v. environmental protection. Reform of court processes.

Criminal law: Plea bargaining; compounding and payment of compensation to victims.

Civil Law; (ADR) Confrontation v. consensus; mediation and conciliation; Lokadalats.

Prison reforms

Democratic decentralization and local self government.

 

8.     Alternative approaches to law:

Naxalite movement: causes and cure


References: -

Agnes Flavia, Law and Gender Inequality: The Politics of Women-s Rights in India (1999), Oxford

 

Duncan Derret, The State, Religion and Law in India (1999), Oxford University Press, New Delhi.

 

D.D. Basu, Shorter Constitution of India (1996), Prentice Hall of India

(P) Ltd., New Delhi.

 

H.M. Seervai, Constitutional Law of India (1996), Tripathi.

 

J.B. Kripalani, Gandhi: His Life and Thought, (1970) Ministry of Information and Broadcasting, Government of India.

 

Law Institute, Law and Social Change : Indo-American Reflections, Tripathi (1988)

 

M.P. Jain, Outlines of Indian Legal History, (1993), Tripathi, Bombay.

 

Marc Galanter (ed.), Law and Society in Modern India (1997) Oxford.

 

Robert Lingat, The Classical Law of India (1998), Oxford. Manushi, A Journal About Women and Society.

 

Sunil Deshta and KiranDeshta, Law and Menace of Child Labour (2000) Armol Publications, Delhi.

 

Savitri Gunasekhare, Children, Law and Justice (1997), Sage Indian

 

U. Baxi, The Crisis of the Indian Legal System (1982), Vikas, New Delhi.

 

U. Baxi (ed.), Law and Poverty Critical Essays (1988). Tripathi, Bombay.


FOUNDATION PAPER II- INDIAN CONSTITUTIONAL LAW: NEW CHALLENGES

(4 Credits)

OBJECTIVES

-  To give an insight of the Constitutional Law.

-  To have an astute understanding about the comparative study of Constitutional Law.

-  To provide rights and remedies under the Constitution.

 

OUTCOME

This course enables students:

-  To analyze the new challenges faced under Constitutional law.

-  To Implement the constitutional laws through measures available with the judiciary.

-  To bring about Constitutional reforms.

 

 

Module - I (1 Credit)

1.  Federalism:

Creation of new states

Allocation and share of resources-distribution of grants in aid The inter-state disputes on resources

Centre-s responsibility and internal disturbance within State. Directions of the Centre to the State under Article 356 and 365. Federal Comity: Relationship of trust and faith between Centre and State

Special status of certain States. Tribal Areas, Scheduled Areas

 

2.  State: Need for widening the definition in the wake of Liberalization.

 

Module - II (1Credit)

3.  Right to equality: privatization and its impact on affirmative action.

4.  Empowerment of Women.

5.  Freedom of press and challenges of new scientific development:

Freedom of speech and right to broadcast and telecast. Right to strikes, hartal and bandh


Module - III (1 Credit)

6.  Emerging regime of new rights and remedies:

Fundamental Rights Directive Principles and Fundamental Duties.

Compensation jurisprudence. Right to education.

Commercialization of education and its impact. Brain drain by foreign education market.

 

7.  Rights of minorities to establish and administer educational institutions and state control.

 

8.  Secularism and religious fanaticism.

 

Module - IV (1 Credit)

9.  Separation of powers: stresses and strain Judicial Activism and judicial Restraint PIL: implementation

Judicial independence.

Appointment, transfer and removal of judges. Accountability: executive and judiciary.

Tribunals

 

10.  Democratic process:

Nexus of politics with criminals and the business. Election commission: status.

Electoral Reforms

Coalition government, ‗stability, durability, corrupt practice- Grass root democracy.

References: -

-         Indian Constitutional Law: New Challenges (Paperback, Shyamlal Verma), India Publishing Company, 2018.

-         Constitutional Law- New Challenges (English, Paperback, GP Tripathi), Publisher: Central Law Publications

ISBN: 9789386456793, 9386456796, Edition: 2, 2018.

-       Universal's Landmark Judgments Covering More than 100 Leading Cases of India, 12th Edition 2017 - Including Prescribed Cases for Supreme Court Advocate-On-Records Examination (English, Paperback, Universal's), Publisher: Universal Law Publishing, ISBN: 9788131252529, 8131252523, Edition: Twelfth Edition, 2017


FOUNDATION PAPER III - JUDICIAL PROCESS

(4 Credits)

 

OBJECTIVE

-  To impart knowledge about significance of law and justice in the society

-  To educate students about judicial activism and bring about creativity.

-  To provide Guidelines to legislature to adopt significant legislative changes.

 

OUTCOME

This course enables students

-  To develop acquaintance with various theories of justice.

-  To acquire skill of judgment writing.

-  To efficiently use of various rules of Interpretation of statutes in dealing with the cases.

 

 

Module - I (1 Credit)

1.     Nature of judicial process:

Judicial process as an instrument of social order Judicial process and creativity in law -common law model - Legal Reasoning and growth of law - change and stability.

The tools and techniques of judicial creativity and precedent. Legal development and creativity through legal reasoning under statutory and codified systems.

 

Module - II (1 Credit)

2.     Special Dimensions of Judicial Process in Constitutional Adjudications:

Notions of judicial review

‗Role- in constitutional adjudication - various theories of review.

Tools and techniques in policy-making and creativity in constitutional adjudication,

Varieties of judicial activism

Problems of accountability and judicial law making.


Module - III (1 Credit)

3.     Judicial Process in India:

Indian debate on the role of judges and on the notion of judicial review.

The ‗independence- of judiciary and the ‗political- nature of judicial process.

Judicial activism and creativity of the Supreme Court - the tools and techniques of creativity.

Judicial process in pursuit of constitutional goals and values - new dimensions of judicial activism and structural challenges Institutional liability of-- courts-- and-- judicial activism-scope and limits.

 

Module - IV (1 Credit)

4       The Concept of Justice:

The Concept of justice or Dharma in Indian thought Dharma as the foundation of legal order in Indian thought. The concept and various theories of justice in western thought.

Various theoretical bases of justice: the liberal contractual tradition, the liberal utilitarian tradition and the liberal moral tradition.

 

5        Relation between Law and Justice:

Equivalence Theories - Justice as nothing more than the positive law of the stronger class

Dependency theories - For its realization justice depends on law, but justice is not the same as law.

The independence of justice theories - means to end relationship of law and justice - The relationship in the context of the Indian constitutional ordering.

Analysis of selected cases of the Supreme Court where the judicial process can be seen as influenced by theories of justice.


References: -

Bodenheimer, Jurisprudence - the Philosophy and Method of the Law (1997), Universal, Delhi.

 

Cardozo, The Nature of Judicial Process (1995) Universal, New Delhi. Henry J. Abraham, The Judicial Process (1998), Oxford.

Edward H. Levi, An introduction to Legal Reasoning (1970), University of Chicago.

 

Julius Store, The Province and Function of Law. Part II, Chs. 1.8-16 (2000), Universal, New Delhi.

 

J. Stone, Precedent and the Law: Dynamics of Common Law Growth (1985) Butterworth

 

J. Stone, Legal System and Lawyers- Reasonings (1999),Universal, Delhi. John Rawls, A Theory of Justice (2000), Universal, Delhi.

 

Rajeev Dhavan, The Supreme Court of India - A SocioLegal Critique of its Juristic Techniques (1977), Tripathi, Bombay.

 

U. Baxi, The Indian Supreme Court and Politics (1980), Eastern, Lucknow.

W. Freidmann, Legal Theory (1960), Stevens, London.


FOUNDATION PAPER IV - LEGAL EDUCATION AND RESEARCH METHODOLOGY (4 Credits)

 

OBJECTIVE

-  To inculcate values of Research and Ethical Research in the domain of Legal studies

-  To motivate students to pursue research in the field of Law.

-  To encourage students to undertake Socio-legal research projects.

OUTCOME

This course enables students

-  To pursue further research either from India and Abroad in the fields of Law.

-  To use of ICT techniques in pursuing research in Law.

-  To develop Interdisciplinary approach of pursuing research in Law.

 

Module - I (1 Credit)

1.            Objective of Legal Education.

2.            Methods of Teaching - Merits and demerits.

3.            Examination reforms.

 

Module - II (1 Credit)

4.            Clinical Legal Education - Legal aid, Legal Literacy, Legal survey and Law reform.

 

Module - III (1 Credit)

5.            Research Methods:

Socio Legal Research Doctrinal and non-doctrinal Induction and deduction.

6.            Identification of Research Problem and formulation of Hypothesis:

Research problem

Survey of available literature and bibliographical research Legislative---- materials-------------- including------------------------- subordinate legislation, notification and policy statements.

Decisional materials including- foreign decisions; methods of -discovering -the- rule- of -the -case-tracing -the -history -of important cases and ensuring that these have not been over- ruled; discovering judicial conflict in the area pertaining to the


research problem and the reasons thereof.

Juristic writings - a survey of juristic literature relevant to select problems in India and foreign periodicals.

Compilation of list of reports or special studies conducted relevant to the problem.

Module - IV (1 Credit)

7.            Preparation of the Research Design:

Devising---- tools--- and--- techniques--- for--- collection---- of--- data: Methodology.

Methods for the collection of statutory and case materials and juristic literature.

Use of historical and comparative research materials Use of observational studies

Use of questionnaires/interview Use of case studies

Sampling procedures - design of sample, types of sampling to be adopted.

Use of scaling techniques

Computerized Research - A study of legal research programmes such as Lexis and West law coding etc. Classification and tabulation of data - use of cards for data collection - Rules for tabulation, Explanation of tabulated data.

Analysis of data.

 

References: -

Erwin C. Surrency, B. Fieff and J. Crea, A Guide to Legal Research (1959)

H.M. Hyman, Interviewing in Social Research (1965) Payne, The Art of Asking Questions (1965)

High Brayal, Nigel Dunean and Richard Crimes, Clinical legal Education: Active learning in your law school, (1998) Blackstone Press Limited, London.

M.O. Price, H. Bitner and Bysiewiez, Effective Legal Research, (1978).

Morris L. Cohan, Legal Research in Nutshell, (1996), West Publishing Co. Havard Law Review Association, Uniform System of Citations. ILI Publication, Legal Research and Methodology.

N.R. Madhava Menon, (ed) A handbook of Clinical Legal Education, (1998) Eastern Book Company, Lucknow.

Pauline V. Young, Scientific Social Survey and Research, (1962)

S.K. Agrawal (Ed.), Legal Education in India (1973), Tripathi, Bombay

William J.Gradeand Paul K.Hatt, Method sin Social Research, McGraw- Hill Book Company, London.


GROUP V - CRIMINAL LAW AND CRIMINAL ADMINISTRATION

 

OBJECTIVE

-  To analyze the general principles of the Criminal law.

-  In-depth study of theories of punishment.

-  To analyze judicial trends on the rights of the accused.

 

OUTCOME

-  Expert knowledge in Criminal Jurisprudence.

-  Help the students to evaluate the criminal justice system.

-  Deep understanding regarding the enforcing agencies of the criminal justice system.

 

PAPER I - CRIMINAL JURISPRUDENCE - (TOTAL 4 CREDITS)

 

OBJECTIVE

-  Deliberation of the students on various aspects of crime, criminal laws and criminal justice.

-  Acquainting the students to understand the issues relating to the notion of ‗‗group liability-- in a crime.

-  Acquainting students with the notions of private defense

-  Acquainting students with the constitution and functioning of International Criminal Court.

-  To inculcate amongst students the ability to evaluate critically the contemporary criminal justice system and Concept of Decriminalization.


OUTCOME

On successful completion of this course, students will be able to:

-  Gain in-depth knowledge and gain the ability to practice in criminal law and also Assist them to understand the nature and various issues regarding criminal administration.

-  Acquire research oriented aptitude with regard to various topics under criminal legal system in India.

-  Deal sensitively with specific issues and challenges relating to effective implementation of laws under criminal jurisprudence.

Module-I (1 Credit)

1.     Crime, Criminal Law and Criminal Justice

2.     Administration of Criminal Justice - Meaning, Necessity and Growth

3.     Doctrine of Mens Rea and Exceptions:

Negligence

Physical Element in Crime- Actus Reus

4.     Stages in Commission of Crime:

Inchoate Crimes

Abetment and Criminal Conspiracy

 

Module- II (1 Credit)

5.     Principle of Group Liability in Crime.

6.     Fundamental Principles of Criminal Jurisprudence:

Test of Criminality /Legality Presumption of Innocence Double Jeopardy

De Minimus Non Curat Lex Mistake of Law and Mistake of Fact Jus Necessitas

7.     General Exceptions.

8.     Right of Private Defense

 

Module - III (1 Credit)

9.         Theories and kinds of punishment

10.     Right to Protection of the accused

11.     Strict Liability


Module - IV (1 Credit)

12.  International Criminal Court

13.  Concept of Decriminalisation

 

 

 

 

References :-

Glanville Williams------------------------------ : Criminal Law (The general

part) Jarome Hall------------------------------- : General Principles of Criminal Law

FitzGerald------------------------------------------- : Criminal Law and punishment

Moberly----------------------------------------------- : Ethics of

Punishment Ram Chandra Nigam : Criminal Law

Tapas Kumar Banerjee : Back ground to Indian Criminal Law Law Commission of India, Forty Second Report Chapter 3 (1971)

Criminal Procedure Code, 1973

14th and 41st Report of Indian Law Commission


PAPER II - PENAL LAWS - (TOTAL 4 CREDITS)

OBJECTIVES

-  To have in-depth knowledge of Penal laws in India.

-  To carry out a comparative study of Indian and International Penal laws.

-  To gain legal awareness about Cyber crime and Information Technology Act, 2000

OUTCOME

This course enables students

-  To suggest reforms in the Penal laws in India.

-  To suggest reforms in Juvenile law.

Module-I (1 Credit )

1.     Offences under Indian Penal Code :

Offences Against the State Offences Relating to Elections Offences Relating to Religion

Offences Affecting the Public Health, Safety, Convenience, Decency and Morals

Reforms in I.P.C.

 

Module-II (1 Credit )

2.     The Maharashtra Control of Organised Crime Act, 1999

3.     The Prevention of Terrorism Act, 2002 Module-III (1 Credit)

4.     Cyber Crimes under Information Technology Act

Module-IV (1 Credit )

5.     The Juvenile Justice (Care and Protection of Children) Act, 2000:

The Basic Concepts

Determining Factors of Juvenile Delinquency Legislative Approaches - Indian Context Juvenile Delinquency

Judicial Contribution Implementation Preventive Strategies

 

References :-

The Indian Penal Code, 1860 Ratanlal & Dhirajlal - Law of Crimes Smith & Hogen - Criminal Law


PAPER III - CRIMINOLOGY - (TOTAL 4 Credits)

 

OBJECTIVE

-  To understand criminology as a science.

-  To avail deep knowledge of various theories of criminology.

-  To gain in depth study of victimology.

 

 

OUTCOME

-  Students get the comparative study of ancient and modern criminology.

-  The students acquire the ability to carry out a critical study of causes of crimes.

-  The students gain the ability to study the socio economic rehabilitation of criminals.

 

Module-I (1 Credit )

1.             Concept of Crime. Criminal Law, Criminology as a Science:

1.2. Development and Crime

2.             Criminology - From Ancient to Modern thought: Pre-classical - classical - Neo classical Cartographic School

Socialist School

Dr. Lombrozo theory

Approach of Radical Criminologists

 

Module-II (1 Credit )

3.             Multiple Factor theory.

4.              Causes of Crimes:

Socio - Cultural Physical Economic Psychological

Mass Media & Crime


Module-III (1 Credit)

5.              Privileged Class Deviance and Indian Legal order:

Notion of Privileged Class Deviance White Collar Crimes

Official Deviance Police Deviance

 

6.             Professional Deviance of Lawyers, Teachers, Judges, Journalists, Doctors, Technocrats, etc.:

Unethical Practices at the Indian bar The Lentin Commission Report

The Press Council on unprofessional and unethical Journalism Medical Malpractice

 

Module-IV (1 Credit )

7.             Response of Indian Legal Order:

Vigilance Commission Public Accounts Committee Ombudsman

Commission of Enquiry

Prevention of Corruption Act,1988

 

References :-

A.S. Siddique - Criminology (1984) Eastern, Lucknow Dr. Sethana - Society and the Criminal,

Law Commission of India 42 Report Chap.3 (1971) Sutherland & Cresey - Principles of Criminology Barness & Teeters - New Horizons in Criminology

Dr. Suresh Mane - Crime, Criminal Law & Criminology, 2007. Tapaskumar Banerjee - Background to Indian Criminal Law (1990) R. Company & Co., Calcutta.

Tapan - Crimes, Justice and Correction


PAPER - IV COLLECTIVE VIOLENCE AND CRIMINAL JUSTICE SYSTEM - (TOTAL 4 Credits)

 

OBJECTIVES

-  To forward deliberations among the students regarding notions of force, coercion and violence.

-  Acquainting the students to understand the concept of Force Monopoly of modern laws.

-  Acquainting students with the notions of Collective political violence and legal order.

-  Acquainting students with the nature & scope of agrarian violence in 18th & 19th centuries in India.

-  To inculcate among students the ability evaluate critically the contemporary criminal justice system in India with specific reference to collective violence.

 

 

OUTCOME

On successful completion of this course, students will be able to:

-  The program provide great opportunity and gives in depth knowledge to students who intend to pursue practice in criminal law

-  The program inuculcates research oriented aptitude in students with regard to various topics under criminal law system in India.

-  Sensitizing students specifically issues and challenges relating to law and crime in Global arena.

 

Module - I (1 Credit )

1.     Introductory:

Notions of ‗force-, ‗coercion-, ‗violence-

Distinctions: ‗symbolic- violence, ‗institutionalized- violence, ‗structural violence-

Legal order as a coercive normative order Force-monopoly of modern law

Freedom of speech and incitement to violence

‗Collective political violence- and legal order Notion of ‗legal and extra- legal repression-


2.     Approaches to Violence in India:

Religiously sanctioned structural violence: Caste and gender based

Ahimsa in Hindu, Jain, Buddhist, Christian and Islamic traditions in India.

Gandhiji-s approach to non-violence

Discourse on political violence and terrorism during colonial struggle

Attitudes towards legal order as possessed of legitimate monopoly over violence during the colonial period

 

Module - II (1 Credit )

3.     Agrarian Violence and Repression:

The nature and scope of agrarian violence in the 18th-19th Centuries in India

Colonial legal order as a causative factor of collective political (agrarian) violence

The Telangana struggle and the legal order

The Report of the Indian Human Rights Commission on Arwal Massacre

 

Module - III (1 Credit )

4.     Violence against the Weaker Sections:

Notion of Atrocities Incidence of Atrocities

Uses of Criminal Law to combat Atrocities or contain aftermath of Atrocities

Violence Against Women and Children

 

Module - IV (1 Credit )

5.     Caste/Communal Violence:

Incidence and courses of ‗communal- violence Findings of various commissions of enquiry

The role of police and para-military systems in dealing with communal violence

Operation of criminal justice system - trial in relation to communal violence

 

NOTE: Choice of further areas will have to be made by the teacher and taught.


References :-

A.R. Desai, (ed)- Peasant Struggles in India, (1979)

A.R. Desai - Agrarian Struggles in India: after Independence 1986)

A.R. Desai, Violation of Democratic Rights in India (1986).

D.A. Dhangare - Peasant Movement in India: 1920-1950(1983) G.Shah-Ethnic Minorities and Nation Building : Indian Experience (1984)

Mark -Juergensmeyer -- -The -Logic -of -Religious -Violence: -The -Case -of Punjab‖ Contributions to Indian Sociology (1988)

K.S.Shukla-―Sociology of Deviant Behaviour,‖ in 3rd ICSSR Survey of Sociology and Special Anthropology 1969-1979 (1986).

Ranjit Guha - Element any Aspects of Peasant Insurgency in Colonial India (1983)

Ranjit Guha (ed) Subaltern Studies Vol. 1-6(1983-1988) Rajni Kothari - State Against Democracy (1987)

T. Honderich - Violence for Equality (1980)

U. Baxi- ―Dissent, Development and Violence‖ in R, Meagher (ed) Law and Social Change : Indo-Amercian Reflections (1988).

U. Baxi - (ed) Law and Poverty: Critical Essays, (1988)


PAPER V - PENOLOGY : TREATMENT OF OFFENDERS

(4 Credits)

 

OBJECTIVE

-  To forward deliberation among the students on definitions pertaining to penology, various theories of punishment.

-  Acquainting the students with the issues relating to capital punishment.

-  Acquainting students with the notions and approaches of sentencing.

-  Acquainting students with nature of offenders.

-  To inculcate among students the ability to evaluate critically the contemporary criminal justice system in India with specific reference to imprisonment.

 

OUTCOME

On successful completion of this course, students will be able to:

-  Gain in-depth knowledge, pursue practice in criminal law and also assist them to understand the nature and theories of punishment

-  Acquire research oriented aptitude with regard to various topics under criminal legal system in India.

-  Deal sensitively with specific issues and challenges relating to effective implementation of laws and criminal jurisprudence.

 

Module - I (1 Credit)

1.     Introductory:

Definition of Penology

 

2.     Theories of Punishment:

Theories of Punishment Retribution

Utilitarian prevention: Deterrence

Utilitarian: Intimidation

Behavioural prevention : Incapacitation Behavioural prevention: Rehabilitation - Expiation Classical Hindu and Islamic Approaches


Module - II (1 Credit )

2.           The Problems of Capital Punishment:

Constitutionality of Capital Punishment

Judicial Attitudes Towards Capital Punishment in India

- An inquiry through the statute law Law Reform Proposals

 

Module - III (1 Credit )

3.           Approaches to Sentencing:

Alternatives to Imprisonment Probation

Corrective labour Fines

Collective fines Juvenile Institutions

Rehabilitative Programmes

4.            Sentencing:

Principal types of sentences in the Penal Code and special laws Sentencing in white collar crime

Pre-sentence hearing Sentencing for habitual offender Summary punishment

Plea-bargaining

 

Module - IV (1 Credit )

5.           Imprisonment:

The State of India's jails today Prison Reforms in India

The disciplinary regime of Indian prisons Classification of prisoners

Rights of prisoner and duties of custodial staff Deviance by custodial staff

Open prisons

Judicial surveillance - basis - development reforms

 

References :-

Law Commission of India, Forty-Second Report Ch.3 (1971) Responsibility and Punishment (1975)

Siddique A.S.- Criminology (1984) Eastern, Lucknow

S. Chhabbra - The Quantum of Punishment in Criminal Law (1970).

S.K. Shukla - Sociology of Deviant Behaviour in 3 ICSSR Survey of Sociology and Social Anthropology 1969-1979 (1986)

Tapas Kumar Banerjee - Background to Indian Criminal Law (1990),

R. Campray & Co., Calcutta.


PAPER VI - FORENSIC SCIENCE AND SCIENTIFIC INVESTIGATION OF CRIME ( 4 Credits)

 

OBJECTIVE

-  To gain an in-depth analysis of forensic science and criminal justice system.

-  To study the modern scientific methods of crime control.

-  To study the problems related to International crime.

OUTCOME

This course enables students:

-  To understand the role of forensic science in the criminal justice system.

-  To carry out research in field of forensic science and law.

-  To gain exposure to forensic science and criminal law from across the globe.

 

 

Module - I (1 Credit )

1.             Forensic Science - An Integral component of Criminal Justice system - Scope

2.              Development of Forensic Science in India

 

Module - II (1 Credit)

3.              An Introduction to:

Forensic Laboratories Forensic Biology Forensic Toxicology Forensic Anthropology Forensic Ballistics Forensic Documents Forensic Medicine

 

Module - III (1 Credit )

4.              Modern Scientific Methods of Crime Control and Prevention:

Electrical Traps to catch thieves, burglars Truth Telling Drugs

Lie Detector Atomat Breatha lyser Traffipax Camera


Magnetic Gun

Night Vision Binoculars Portable Bomb Sniffer

Detection of Note Forgery by use of ultra-violet rays

 

Module - IV (1 Credit)

5.              Inter-state crimes and Criminals:

The problem of International Crime International Co-operation

International Criminal Police Organisation (Interpol)

References :-

R.Deb.- Criminology, Criminal and Investigation. Soderman And O-Connell-Modern Criminal Investigation

Dr. J. P. Modi -A Text Book of Medical Jurisprudence and Toxicology. Nigel Morland -Science in Crime Detection.

The Indian Police Journal

International Criminal Police Review Journal.

 

Semester - IV (Four credits)

 

The Fourth Semester shall be of :

-  Dissertation of 80 marks and Viva-voce of 20 marks (4 credits).

-   For the balance 100 marks, the students would have the choice to select the topic for their project from the topics listed in the syllabus of the group opted, which will have interdisciplinary approach. Out of 100 marks (4 credits), 50 marks (2 Credits) would be for the project and 50 marks (2 credits) for Viva- voce.

Topics for Choice Based Credits

Law of defamation & Freedom of speech

Study of Criminal behavior vis---vis increasing criminality

Tackling Collective Violence vis---vis Innovative Policing Techniques. Ethical Issues & Medical Profession.

Cyber Crimes & Remedies.

Juvenile Justice System in India & Juvenile Psychology. Corruption Laws & Elections in India.

White Collar Criminality & Corporate Crimes.

 

References :-

Dr. Sethna: Society & The Criminal.

Dr. J P Modi: A Text book of Medical Jurisprudence & Toxicology Moberly : Ethics of Punishment

S K Shukla: Sociology of Deviant Behaviour.

U. Baxi: Dissent, Development & Violence