Course Manual

Bharatiya Nagarik Suraksha Sanhita

taught by

Spring 2025

(Academic Year 2024–25)

Taught by

Nimmy Saira Zachariah

 Contents

General Information.........................................................................................................................2

Course Description..........................................................................................................................3

Course Aims....................................................................................................................................3

Intended Learning Outcomes...........................................................................................................4

Grading Scheme...............................................................................................................................4

Keyword Syllabus............................................................................................................................6

Course/Class Policies.......................................................................................................................6

Weekly Course Outline....................................................................................................................8

Course Plan and Readings...............................................................................................................8

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 PART I

General Information

This manual contains the official record of general information on

‘Bharatiya Nagarik Suraksha Sanhita’, offered by Jindal Global Law School
in the academic year 2024–25. The information in this manual is provided
by the Course Coordinator.

This information shall form part of the University database. If necessary, it

may be uploaded to the KOHA Library system and catalogued and
distributed amongst 2nd-year law students in the BA/BBA/BCom LLB (Hons)
and LLB programs.

Course Title Bharatiya Nagarik Suraksha Sanhita

Course Code L-CT-0007

Course Duration One Semester

No. of Credits 4

Level of Study Undergraduate

Medium of
English
Instruction

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 PART II

Course Description

Without a sufficiently secured procedural law, crimes cannot be regulated in a

society merely by having even the best substantive law. With that in mind, this
core course is meant for you to gain a basic yet wide-ranging overview of the
general criminal procedural law in India. The Bharatiya Nagarik Suraksha
Sanhita 2023 (BNSS) is the legislation which underpins the administration of our
criminal justice-legal system since 1 July 2024. The erstwhile Code of Criminal
Procedure 1973 (CrPC) will remain relevant for the next few years to deal with
several pending criminal trials or appellate proceedings. In any case, this course
does not exhaustively scrutinise the Sanhita/Code even though the course title
prescribed by the Bar Council of India signals otherwise. Judicial rules and
principles evolved over time have redefined several core statutory provisions.
Considering that the BNSS does not disrupt the CrPC at its core, the existing
case law will continue to hold the field. They would supplement your
understanding of the procedures and principles to be followed by the police,
courts, counsels, and other stakeholders when crimes are committed or are
suspected to have been committed, as well as during the following prosecutions.
Beyond the statute and case law, the Indian Constitution has critical provisions
ranging between Arts 20 and 22, which provide crucial inputs about our criminal
legal-justice system. Starting from filing FIRs to investigating crimes and
thereafter to trials and judgments, students will gain critical insights into the
core of India’s criminal procedural law and practice. Besides, the course will
address the basics of other non-trial judicial proceedings like quashing petitions,
revision and appeals. During the class discussions, teachers will encourage you
to think about the practical, socio-economic and political aspects of India’s
criminal procedural apparatus beyond its legal technicalities. Further,
considering that India is moving through a transitionary phase in this regard,
although teachers will mainly focus on the BNSS, wherever it has made
significant modifications, they will invoke the relevant CrPC provisions. Finally,
as some BNSS changes like trial-in-absentia will not take effect or demonstrate
impact immediately, the course will deliberate their potential legal and social
implications.

Course Aims

This course aims to familiarise students with criminal law’s procedural aspects
and supplement their understanding of substantive criminal laws. Ultimately,
students should be able to:
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 Exhibit sufficient knowledge of principles underlying India’s criminal
procedural system.
 Apply relevant statutory provisions and legal principles in real-life cases.
 Identify and critically analyse the gaps, controversies, and tensions in the law
using both practical and theoretical perspectives.
 Develop the ability to understand the inter-connectedness between various
statutory provisions amongst themselves and the relevant case law.
Intended Learning Outcomes

Teaching &
Learning Weigh Learning Assessment Tasks
Outcomes t Activities

Identify key Discussion- Students will be tested on

concepts, rules, oriented lectures the topics covered during
and issues of 50% will be delivered the semester through a
criminal on each topic. closed-book end-term
procedural law Before every examination involving
and apply class, students short notes, analytical
relevant case are expected to essays, and hypothetical
law to factual read the essential factual scenarios.
situations. reading materials
for better
proficiency.
Gather a critical Teachers will Subject knowledge and the
understanding curate specific ability to do legal analysis
of the current pedagogical and and reasoning, written and
controversies in 50% learning methods oral presentations,
criminal like tutorials, teamwork abilities and
procedural law essay writing, or effectiveness in-class
and train the drafting participation, etc., would
ability to apply exercises to help be tested using
applicable students achieve multifarious internal
statutory this outcome. assessment schemes like
provisions in mid-term examinations,
practice. research projects, moot
courts, case presentations,
etc.

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 Grading Scheme

There are two requirements to pass this course. First, students must
cumulatively (internal + external assessments) obtain at least 40 marks out of
100. Second, in the end-semester examination, which will carry 50 marks,
students must receive at least 15 marks. The details of grades as well as the
criteria for awarding them are provided below:

Marks
Grad Grade
Percentag Grade Description
e Value
e
Outstanding – Exceptional knowledge of the
subject matter, thorough understanding of
80 and
O 8 issues; ability to synthesize ideas, rules and
above
principles and extraordinary critical and
analytical ability
Excellent - Sound knowledge of the subject
matter, thorough understanding of issues;
75 – 79 A+ 7.5
ability to synthesize ideas, rules and principles
and critical and analytical ability
Very Good - Sound knowledge of the subject
matter, excellent organizational capacity,
70 – 74 A 7 ability to synthesize ideas, rules and
principles, critically analyze existing materials
and originality in thinking and presentation
Good - Good understanding of the subject
matter, ability to identify issues and provide
65 – 69 A- 6
balanced solutions to problems and good
critical and analytical skills
Fair – Average understanding of the subject
matter, limited ability to identify issues and
60 – 64 B+ 5
provide solutions to problems and reasonable
critical and analytical skills
Acceptable - Adequate knowledge of the
55 – 59 B 4 subject matter to go to the next level of study
and reasonable critical and analytical skills
Marginal - Limited knowledge of the subject
50 – 54 B- 3 and irrelevant use of materials and, poor
critical and analytical skills

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 Marks
Grad Grade
Percentag Grade Description
e Value
e
Pass 1 – Pass with basic understanding of the
45 – 49 P1 2
subject
Pass 2 – Pass with rudimentary
40 – 44 P2 1
understanding of the subject
Fail - Poor comprehension of the subject
matter; poor critical and analytical skills and
Below 40 F 0
marginal use of the relevant materials. Will
require repeating the course
Absent - “Extenuating circumstances”
preventing the student from taking the end-
semester, or re-sit, examination as the case
may be; the Vice Dean (Examinations) at their
Absent Ab 0 discretion assign the “Ab” grade. If an "Ab"
grade is assigned, the student would appear
for the end-semester, or re-sit examination, as
the case may be, as and when the subsequent
opportunity is provided by the University.

PART III

Keyword Syllabus

Due process model, crime control model, fir, preliminary inquiry, cognisable
offence, non-cognizable offence, investigation, arrest, bail, proceeds of crime,
warrant, summons, proclamation, search and seizure, statements during
investigation, custody and remand, default bail, chargesheet, protest petition,
criminal complaint, cognisance, committal, framing of charges, trial, trial-in-
absentia, right against self-incrimination, judgment, sentencing, revision,
appeals, magistrates and sessions courts.

Course/Class Policies

Cell Phones, Laptops and Similar Gadgets: Usage for academic purposes may be
permitted at the teacher’s discretion.

Relevant Course Materials

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1. Bare Act of BNSS 2023 with a comparative table of CrPC

Note 1: Keep in mind other instructions of the Examinations Office regarding

permissible bare Act formats.

Note 2: ‘Knowledge about’ relevant CrPC provisions would be required in

certain portions where the BNSS has substantially altered the position of law.

2. Suggested book: RV Kelkar’s Criminal Procedure (KN Chandrasekharan Pillai

(ed), EBC)

Academic Integrity and Plagiarism

Learning and knowledge production of any kind is a collaborative process.

Collaboration demands an ethical responsibility to acknowledge who we have
learnt from, what we have learned, and how reading and learning from others
have helped us shape our ideas. Even our ideas demand acknowledging the
sources and processes through which those ideas emerged. Thus, all ideas must
be supported by citations. All ideas borrowed from articles, books, journals,
magazines, case law, statutes, photos, films, paintings, etc., in print or online
must be credited with the original source. If the source or inspiration of your
idea is a friend, a casual chat, or something you overheard or heard being
discussed at a conference or in class, even they must be duly credited. The
source must be acknowledged if you paraphrase or directly quote from a web
source in the examination, presentation or essay. The university has a framework
to deal with cases of plagiarism. The University will take All forms of plagiarism
seriously, and sanctions will be prescribed for those who commit plagiarism.
Disability Support and Accommodation Requirements

JGU endeavours to make all its courses accessible to students. According to the
Rights of Persons with Disabilities Act 2016, the JGU Disability Support
Committee (DSC) has identified conditions that could hinder a student’s overall
well-being. These include physical and mobility-related difficulties, visual and
hearing impairment, mental health conditions and intellectual/learning
difficulties, e.g., dyslexia and dyscalculia. Students with any known disability
needing academic and other support must register with Disability Support
Committee (DSC) by following the procedure specified at
https://jgu.edu.in/disability-support-committee/ . Students who need support may
register any time during the semester up until a month before the end-semester
examination begins. Those students who wish to continue receiving support from
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the previous semester must re-register within the first month of the semester.
Last-minute registrations and support might not be possible as sufficient time is
required to make the arrangements for support. The DSC maintains strict
confidentiality about the identity of the student and the nature of their disability,
and the same is requested from faculty members and staff. The DSC takes a
strong stance against in-class and out-of-class references made about a student’s
disability without their consent and disrespectful comments referring to a
student’s disability. All general queries are to be addressed to
[email protected]

Safe Space Pledge

This course may discuss various issues and events that might distress some
students. Discussions in the course might also provoke strong emotional
responses. To ensure that all students collectively benefit from the course and do
not feel disturbed due to the course's content or the conduct of the discussions.
Therefore, it is incumbent upon all within the classroom to pledge to maintain
respect towards our peers. This does not mean you need to feel restrained about
what you think and want to say. Conversely, this is about creating a safe space
where everyone can speak and learn without inhibitions and fear. This
responsibility lies not only with students but also with the teacher.

As part of introducing the course manual, teachers will discuss the scope of this
Safe Space Pledge with the class.

Other policies: [Teachers may add specific policies for their respective sections]

PART IV

Weekly Course Outline

1 Module 1 – Introduction

2–4 Module 2 – Investigation

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 4–5 Module 3 – Arrest, Summons, and Proclamation

6 Module 4 – Processes to Compel Production of Evidentiary

Materials

7–8 Module 5 – Bail

9 – 10 Module 6 – Custody, Default Bail, and Conclusion of

Investigation

11 – 12 Module 7 – Inquiry: Cognizance to Committal

12 – 13 Module 8 – Framing of Charges

13 – 14 Module 9 – Trial and Judgment

15 Module 10 – Review, Revision, and Appeal

Course Plan and Readings

Weeks Topics and Readings

1 Module 1 – Introduction

 Due Process and Crime Control models of criminal procedure

 Classification of offences and their logic:
- cognisable and non-cognizable
- bailable and non-bailable
- summons and warrant cases
 Competencies and hierarchy of criminal trial courts
 Other functionaries and their roles/framework: police officers – public
prosecutors – defence counsels and legal aid – prisons
 Transitionary issues: BNSS or CrPC?

Relevant statutory provisions:

 BNSS – Ss 2 (modified definitions clause – electronic methods and
removal of terms like pleader), 3 (construction of reference to

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 magistrates), 4 (accommodation of special legislation), 6–11, 13–14,
17, and 21–23 (courts’ hierarchy and competencies), 18–20 (public
prosecutors), 341 (legal aid; expanded), 531 (repeal and savings
clause – transitionary aspects), and 1st Schedule (classification of
offences)

 Altered CrPC provisions – Ss 2, 8 and 16–19 (metropolitan

magistrates) and 304 (legal aid)

Mandatory reading: Herbert Packer, ‘Two Models of the Criminal

Process’ (1964) 113 University of Pennsylvania Law Review 1

Suggested readings:
1. Abhinav Sekhri, ‘Arrests, Bail, and the Criminal Procedure Code’ (The
Proof of Guilt, 28 November 2014)
2. Abdul Khader v. State of Kerala (Crl.A No. 1186/2024; decided by
Kerala HC on 19 July 2024)
3. Mannargudi Bar Association and Ors v. UoI (WP (C) No 625/2024)

2–4 Module 2 – Investigation

 FIR in cognisable cases

- Preliminary inquiries before FIR in certain situations
 Relevant police powers and procedures during investigations
 Supervision of investigation by magistrates
 Examination of accused/witness by police/magistrates and the
evidentiary value of such statements and the right against self-
incrimination
 Police Diary
 Basics on the quashing of FIRs by High Courts
 Police procedures in non-cognizable cases

Relevant statutory and constitutional provisions

 Constitution – Art 20(3)
 BNSS – Ss 173–176 and 178 (FIR, preliminary inquiry and initial
investigative procedures), 179–180, 181(1), and 182 (police
examination of accused/witness), 183 and 509 (magisterial
examination of accused/witness), 192 (police diary), and 528 (inherent
powers of HC – quashing)

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  Altered CrPC provisions – Ss 154 (FIR), 155 (procedure for non-
cognisable offences), 156 (magistrate’s authority in initiating
investigation), 157 (initial investigation procedures), and 164
(magisterial examination of accused/witness)

Mandatory readings:
1. Lalita Kumari v. Government of UP (2014) 2 SCC 1
2. Youth Bar Association of India v. Union of India (2016) 9 SCC 473
3. TT Antony v. State of Kerala [2001] 3 SCR 942
4. Manu Sharma v. State (NCT of Delhi) [2010] 4 SCR 103 (Jessica Lal
murder)
5. State of Haryana v. Bhajan Lal, 1992 Supp. (1) SCC 335
6. Sakiri Vasu v. State of UP (2008) 2 SCC 409
7. Nandini Satpathy v. PL Dani (1978) 2 SCC 424
8. Mahabir Singh v. State of Haryana (2001) 7 SCC 148
9. Joginder Nahak v. State of Orissa (2000) 1 SCC 272

Suggested readings:
1. State of Telangana v. Sarveshwar Reddy (Crim Appeal No. 1662/2019)
2. Yanub Sheikh v. State of WB (2013) 6 SCC 428
3. Arnab Goswami v. UoI (2020) 14 SCC 12
4. Amit Shah v. CBI (2013) 6 SCC 348
5. Anju Chaudhary v. State of UP (2013) 6 SCC 384
6. Ajmal Kasab v. State of Maharashtra [2012] 8 SCR 295
7. Shivappa v. State of Karnataka (1995) 2 SCC 76

4–5 Module 3 – Arrest, Summons, and Proclamation

 Arrest to ensure the accused’s presence during the investigation and

at the trial
 Bailable and non-bailable warrants to arrest and relevant procedures
 Rights of arrested persons and powers of the police
- Handcuffing of accused, arrest memo, written reasons for arrest,
information to family members, medical examination, production
before magistrates, etc.
 Notice of appearance instead of arrest
 Summons to secure the presence of the accused and witness in certain
cases
 Proclamation of absconders and attachment of their properties

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 Relevant statutory provisions:
 Constitution – Arts 21, 22 (1) and (2)
 BNSS – Ss 35 (necessity of arrests and notice of appearance), 36
(arrest memo etc), 38 (right to meet advocate), 39 (arrest in non-
cognisable offences), 43–44 (conducting the arrest), 46 (use of force
while arresting), 47–48 (right to be informed of arrest and its
grounds), 51, 53 and 56 (different purposes of accused’s medical
examination, their health), 54 (test identification parade), 57–58 (24
hours-rule), 60 and 62 (legality of arrests), 63–64, 66 and 70(3)
(summons), 72–73 and 77–78 (arrest warrants), 84–85(1)
(proclamation and attachment), and 90 (flexibility of issuing summons
and warrants)

 Altered CrPC provisions – Ss 41A (notice of appearance), 46

(conducting the arrest), 53–54A (medical examination of accused), 57
(24 hours-rule), 61–62 (summons), and 82 (proclamation)

Mandatory readings:
1. Joginder Kumar v. State of UP 1994 SCC (4) 260
2. Arnesh Kumar v. State of Bihar (2014) 8 SCC 273
3. Prabir Purkayastha v. State (NCT of Delhi) 2024 INSC 41

Suggested readings:
1. DK Basu v. State of WB, AIR 1997 SC 610
2. Arvind Kejriwal v. CBI 2024 INSC 687
3. State of MH v. Christian Community Welfare Council (2003) 8 SCC
546
4. Issues re: the Criminal Procedure (Identification) Act 2022 and its
Rules

6 Module 4 – Processes to Compel Production of Evidentiary

Materials

 Summons as the non-intrusive process

 Search and seizure with and without warrants
 Magistrate’s role, and obligations and powers of the police during
such processes
- Right to privacy and right against self-incrimination
 Constitutional and procedural issues relating to the seizure of digital
devices
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 Relevant statutory provisions:
1. BNSS – Ss 94 (summons), 96 (search with warrant), 103 (search
procedures), 105 (electronic recording of search and seizure
procedures), 185 (search without warrant), and 193(3)(i)(i)
(presentation of electronic evidence in chargesheets)

2. Altered CrPC provisions – Ss 91 (summons), 165 (search without

warrants), and 173(2) (chargesheet requirements)

Mandatory readings:
1. VS Kuttan Pillai v. Ramakrishnan, AIR 1980 SC 185
2. GN Saibaba v. State of Maharashtra (Crl Appeal No 137/2017; decided
by Bom HC on 5 March 2024)
3. Rajesh v. State of MP 2023 INSC 839

Suggested readings:
1. Malika G Shah, Akash Gupta, and Arushi Bajpai, ‘Search and seizure of
electronic devices in India: time for a change?’ (2024) 28(4) The
International Journal of Evidence & Proof 298
2. Manish Dixit v. State of Rajasthan (2000) 1 SCC 596
3. KS Puttaswamy v. UoI (2017) 10 SCC 1
4. Riley v. California 573 US 373 (2014)
5. Virendra Khanna v. State of Karnataka 2021 SCC Online Kar 5032

7–8 Module 5 – Bail

 Bail bond, sureties, and permissible bail conditions

 Standards of judicial discretion in non-bailable cases
 Victims’ right to be heard
 The reality of “bail, not jail”: rights of under-trial prisoners
 Cancellation of bail
 Anticipatory bail
 Newer practices: transit bail and interim bail

Relevant statutory provisions

 BNSS – Ss 2 (definitions of bail and bail bond), 478 (bailable cases),
479 (under-trial prisoners’ rights), 480 (non-bailable cases), 482
(anticipatory bail), 483 (powers of sessions courts and HCs), and 484–
487 and 490 (practicalities of bail bonds and release from jail)

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  Altered CrPC provisions – Ss 2 (definitions clause), 436A (under-trial
prisoner’s rights), 437 (non-bailable cases), and 438 (anticipatory bail)

Mandatory readings:
1. State of Rajasthan v. Balchand (1977) 4 SCC 308
2. Moti Ram v. State of MP (1978) 4 SCC 47
3. Satender Kumar Antil v. CBI (2022) 10 SCR 351
4. Vipan Kumar Dhir v. State of Punjab (2021) 15 SCC 518
5. Sushila Aggarwal v. State (NCT of Delhi) (2020) 5 SCC 1

Suggested readings:
1. State v. Jaspal Singh (1984) 3 SCC 555
2. P Chidambaram v. ED, AIR 2020 SC 1699 (INX Media)
3. Mohammed Zubair v. State (NCT of Delhi) [2022] 18 SCR 494
4. Sandeep Suresh & Aashna Gupta, ‘Arnab Goswami and Ors: The
Discontents of Adjudicating Criminal Procedure under Article 32’
(2022) 15(3-4) NUJS Law Review 240
5. Salman Khurshid et al (eds), Taking Bail Seriously: The State of Bail
Jurisprudence in India (Lexis Nexis 2020)

9 – 10 Module 6 – Custody, Default Bail and Conclusion of Investigation

 Remand procedures and principles

 2 types of custody of the accused: police and judicial
 Concept and practice of default bail
 Police reports on completion of investigation: chargesheet or closure
report
 Further investigation: role of the police and courts
 Protest petition against closure reports

Relevant statutory provisions:

 BNSS – Ss 187 (remand, custody and default bail), 189–190
(conclusions of investigation), and 193 (police reports: contents,
timelines, further investigation)

 Altered CrPC provisions – Ss 167 (remand, custody and default bail),

170 (conclusion of investigation against the accused), and 173 (police
reports)

Mandatory readings:
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 1. CBI v. Anupama Kulkarni, AIR 1992 SC 17688 and V Senthil Balaji v.
ED 2023 INSC 677 (overview only)
2. State of Karnataka v. Kalandar Shafi (Crl Petition No 13459/2024;
decided by Karnataka HC on 13 December 2024)
3. Sanjay Dutt v. State of Maharashtra (1994) 5 SCC 410
4. Aslam Desai v. State of Maharashtra (1992) 4 SCC 272
5. ED v. Kapil Wadhawan (2023) 5 SCR 918
6. Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537

Suggested readings:
1. Uday Mohan Acharya v. State of Maharashtra (2001) 5 SCC 453
2. Ritu Chabbaria v. UOI 2023 INSC 436
3. Gautam Navlkaha v. NIA [2021] 5 SCR 87

11 – 12 Module 7 – Inquiry: Cognizance to Committal

 Cognizance of offences by magistrates

 Magistrate’s power to order further investigation post-cognizance
 Disclosure of prosecutorial evidence to the accused
 Private complaint cases: procedures and the rights of accused
 Committal of cases to sessions courts
 Sessions court’s power to summon additional accused

Relevant statutory provisions:

 BNSS – Ss 210 and 213 (cognisance), 212 and 232 (making over and
committal of cases), 230 (disclosure of evidentiary materials), and
223–228 (private complaints and issue of process)

 Altered CrPC provisions – Ss 200 (examination of complaints), 207

(disclosure of evidentiary materials), and 209 (committal of cases)

Mandatory readings:
1. HS Bains v. UT of Chandigarh (1980) 4 SCC 631
2. Vinubhai Malaviya v. State of Gujarat (2019) 15 SCR 936
3. Kishun Singh v. State of Bihar (1993) 2 SCC 16
4. P Gopalkrishnan@Dileep v. State of Kerala 2019 INSC 1303

Suggested readings:
1. DL Reddy v. VN Reddy (1976) 3 SCC 252
2. Kewal Krishnan v. Suraj Bhan (1980) Supp. SCC 499
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 3. Dharam Pal v. State of Haryana (2014) 3 SCC 306

12 – 13 Module 8 – Framing of Charges

 Basic formalities of charges and their later alterations

 Conviction for offences not charged with
 Joinder of charges
 Effect of omission to frame, absence of, or error in charges
 Standards of judicial discretion during framing of charges/discharging
accused

Relevant statutory provisions:

 BNSS – Ss 234–251 (content of charges, their alteration, joinder, etc.)
and 510 (consequences of irregularities in framing charges)

 Altered CrPC provisions – Ss 219 (joinder of multiple offences) and

227–228 (timelines re: framing of charges proceedings)

Mandatory readings:
1. Kamil v. State of UP, AIR 2019 SC 45
2. UoI v. Prafulla Kumar Samal (1979) 3 SCC 4
3. State of Orissa v. Debendra Nath Padhi (2005) 1 SCC 568

Suggested readings:
1. Paranagouda v. State of Karnataka [2023] 15 SCR
2. Nitya Dharmananda v. Gopal Sheelum Reddy (2018) 2 SCC 93

13 – 14 Module 9 - Trial and Judgment

 The right against double jeopardy and fair trial

 Different types of trial procedures before sessions courts and
magistrates
 Statements of the accused during the trial and the right against self-
incrimination
 Trial court’s authority to summon independent witnesses and recall
witnesses
 Summoning of additional accused
 Trial-in-absentia of proclaimed offenders (basic discussion of the new
possibility and potential issues)
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  Trial court judgments: timelines and requirements of contents
 Importance of separate sentence hearings and confirmation of death
sentences

Relevant statutory provisions:

 Constitution – Arts 20(2) and 20(3)
 BNSS – Ss 252–258 (sessions trial), 261–272 (trial of warrants cases by
magistrates), 274–280 (trial of summons cases by magistrates), 316
(record of examination of accused), 337 (double jeopardy), 346
(adjournments), 348 (independent witnesses and recall), 351
(examination of accused during trial), 353 (accused as DW), 358
(summoning of additional accused), 356 (trial-in-absentia), 398
(witness protection scheme), 530 (electronic modes for trial and other
procedures), 392–393 and 404 (rules regarding judgments), and 407–
409 (confirmation of death sentences)

 Altered CrPC provisions – Ss 231 (prosecution evidence taking), 239–

240 (discharge in warrants cases), 246 (PWs in warrants cases), 249
(absence of complainants), 251 (discharge in summons cases), 281
(record of the examination of accused), 309 (adjournments), and 353
(rules regarding judgments)

Mandatory readings:
1. Nar Singh v. State of Haryana (2015) 1 SCC 496
2. Hardeep Singh v. State of Punjab (2014) 3 SCC 92
3. Sukhpal Singh Khaira v. State of Punjab (2022) 10 SCR 156

Suggested readings:
1. Vaibhav Chadha and Deepali Poddar, ‘The Right to Silence Under
Scrutiny: Unveiling the Significance of Section 313’ (2023) 44(3)
Statute Law Review
2. Mahender Chawla v. UoI (2019) 14 SCC 615
3. Reena Hazarika v. State of Assam, AIR 2018 SC 5361
4. Anokhilal v. State of MP 2019 8 SCR 1196
5. Santa Singh v. State of Punjab (1976) 4 SCC 190

15 Module 10 – Review, Revision, and Appeal

 Narrow scope for review of trial court judgments

 Scope and nature of revision petitions

17
  Statutory rights to appeal and powers of appellate courts
 Difference between appeals and revisions

Relevant statutory provisions:

 BNSS – Ss 403 (review), 438, 440 and 442 (revision), 413, 415–416,
418–419 and 427 (appeals)

*Optional Topics for Discussion*

 Cross-FIRs and their prosecution

 Withdrawal of prosecutions
 Limitations on taking cognisance, especially in cases against public
servants
 Compounding of offences and plea bargaining
 Summary trials
 Transfer of cases
 Pardon to accomplices
 Pardon and remission/commutation of sentences
 Maintenance of law and order, and prevention of crimes

18