ONE-YEAR ADVANCED POST GRADUATE DIPLOMA IN CRIMINAL LAW AND FORENSIC SCIENCE

 

SEMESTER 1:-

 

1.1.1. Criminology and Restorative Justice:

UNIT I: Understanding Criminology:

• Basic Concepts for Understanding Criminology
• Evolution of Criminology
• Criminologist Work
• Understanding Crime and Criminal behaviour

UNIT II: Criminological Schools of Thought :

• Classical School
• Positivist Criminology: Biological Determination, Psychological Determinism and Sociological Determinism
• Modern Criminology; Bio-criminology, Genetics
• Criminal behaviour and Neurobiological factors

UNIT III: Theories of Criminal Behaviour:

• Psychological Explanation of Criminality
• Personality Theories
• Strain and Cultural Theories
• The Anomie
• Cultural Deviance Theories: Social Disorganization, Differential Association and Cultural Conflict Theories

UNIT IV: Juvenile Justice:

• Juvenile Delinquency
• Evolution of Juvenile Justice System
• Juvenile Justice in India
• The Pretrial and Trial Stage of Juvenile Justice
• Institutionalization and Alternatives

UNIT V: Restorative Justice

• Meaning and Scope and Historical Account of Restorative Justice
• The Philosophy and Aims of Criminal Sentencing
• Principles and Values of Restorative Justice
• Why Do We Need Restorative? Restorative Justice Models  
• Introduction to Restorative Peacemaking Practices

1.1.2. Criminal Law: Legislative under pinnings

UNIT I: General Principles of Criminal Law

• Nature, Scope of Law
• Kinds of Laws
• Sources of Law
• Definition of Law
• Principles of Natural Justice
• Rule of Law
• Due Process of Law
• Concept and Definition of Crime
• Elements of Crime
• Joint Liability in Criminal Law
• Stages of Crime
• Inchoate offences
• General Exceptions
• Punishment

UNIT II: Specific Offences

• Offences against Human Body:
  • Sexual Assault including Rape (2013 Amendment Act)
  • Child Sexual Abuse
  • POCSO Act
  • Kidnap, Abduction
• Offences against Property:
  • Theft
  • Extortion
  • Dacoity
  • Misappropriation of Property
  • Cheating
  • Forgery
  • Offence relating to Coins
  • Currency, Documents

UNIT III: Cyber Crimes 

• Hacking
• Cyber stalking
• Cyber Bullying
• Cyber Defamation
• Cyber Pornography
• Child Pornography
• Cyber Terrorism
• Data Theft and Data protection
• Cyber cheating

Unit IV: Special Laws 

• Drug offences including Drug trafficking, NDPS Act,
• Offences relating to Money Laundering, (PMLA Act)
• Economic Offences,
• White Collar crimes.
• Terrorism.
• Corporate crimes,
• Environment crimes

 

1.1.3. Criminal Justice Administration and Process:

 

Unit I: Police in Criminal Justice system:

• Arrest
  • When Police may arrest without warrant
  • Distinction between Cognizable and Non-cognizable offences
  • Arrest of persons.
  • Rights of an accused
• Process to compel production of things
  • Search and Seizure
  • Proclamation and attachment
• Investigation
  • Preventive Action of the Police and Executive magistrates
  • Information to the Police and their Powers to Investigate
  • FIR and its Evidentiary value
  • Power of police to conduct investigation anywhere in India in a cognizable offence
  • Power of Magistrate to order for investigation
  • Procedure to conduct Investigation in cognizable offence
  • Procedure to conduct Investigation in Non Cognizable Offences
  • Powers given to police during Investigation
  • Police officers power to require attendance of witnesses an
  • Procedure to examine the witnesses
  • Procedure when Investigation cannot be completed within 24 hours
  • Doctrine of self-incrimination and Sec 162
  • Judicial Custody and Police Custody
  • Police Interrogation and misuse of the power by using third degree methods remedies suggested by law commission of India in its 113^th report
  • Recording of Confessions and Statements by Magistrate
  • Police Diary or Case Diary, its evidentiary value in the trial
  • Final Report/ Charge sheet/ Police Report
  • Inquest
  • Bail and Bonds

Unit II: Prosecution and Criminal Courts:

• Pre-Trial Procedure
  • Receiving and documenting F.I.R; recording of confession/ statement, Dying declaration
  • Judicial remand, police remand ; bail and anticipatory bail; issuance of directions to State Legal Services Authority (SLSA) for payment of  interim-compensation to Victims pending Final Report; issuance of Audio-video remand extension ; issuance of search/ arrest / transit warrants; issuance of hand cuffing orders in case of dangerous and desperate offenders .

• Trial Procedure
  • COURT LANGUAGE in sub-ordinate courts and High Court
  • Taken on File- CC nos, PRC nos, SC nos, STC ( SUMMARY TRIAL CASE)
  • Commencement of Trial- issuance of summons, warrants, production from Prison to Court, Audio-video trial in cases of dangerous and desperate offenders
  • Speedy Trial procedure u/s 309 Cr PC, and in certain violent crimes against women and children
  • Role of Juvenile Justice Board (JJB) vis a vis CWC Child welfare committees
  • commencement of proceedings before Magistrate and issue of processes, supply of charge sheet copies to the accused
  • Framing of the Charge, continuity of Trial
  • Trial before a court of Sessions
  • Trial of Warrant cases by Magistrate
  • Summary Trials
  • Judgments, Appeals  and sanction of Victim compensation, 
  • Role of SLSA  Compounding compoundable cases
  • Interim applications, Writs, Quash applications , other Miscellaneous matters  filed in High Courts and interaction with Public Prosecutors, Govt. Pleaders for Home etc.
  • MACT  (MOTOR VEHICLES CLAIMS TRIBUNAL) and MEE SEVA or E- SEVA  for obtaining documents from Police to be filed before Tribunals for claiming damages

Unit III: Evidence and Its Admissibility 

• Introduction,
• Relevancy of Facts, Proof
• Production and effect of evidence
• Competency and compellability of witness
• Examination of witness:
  • The source of Digital Evidence or Electronic Evidence,  
  • The characteristics of Digital or electronic evidence,  
  • The investigation, collection and examination of digital evidence,
  •  Admissibility of Electronic Evidence,
  • Presumptions Regarding Electronic Documents and forms under Evidence Act.

Unit IV: Correctional Instituitions

• Statutes governing Prisons
• Types of prisons        
• Types of prisoners
• Role of prisons in criminal justice system
• Prisons and Human Rights
• Women prisoners and custodial justice
• Probation and courts, prisons and judicial activism, emerging trends in corrections, Krishna Iyer report, Mullah Committee report
• Powers of the court regarding release of certain offenders
• Release After Admonishing
• Release on Probation
• Offenses in which benefit of probation can and cannot be granted
• Procedure when the offender breaches the conditions of Probation