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Swayam

Criminal Justice Administration

National Law University Delhi and CEC via Swayam

Overview

Criminal Justice System refers to a combination of state functionaries and processes which are involved in crime detection, its adjudication and correction of criminal conduct. In a democratic set up it is expected from the criminal justice system to provide the maximum sense of security to the people at large by dealing with crimes and criminals effectively, quickly and legally. But while protecting the society, the rights of the accused and fair trial guarantees must not lose sight of and a fine balance is required to be maintained between the interests of various stakeholders. All agencies should always strive forward to achieve this delicate balance.Keeping this in view the paper on Criminal Justice Administration is aimed to cover variety of such issues dealing with agencies, processes and interests of various stakeholders in criminal justice system.Course Objectives:The object of the course is to make the learners well versed with the Indian criminal justice system. To achieve this, the modules may bedivided in to three categories- first, the modules which deal with functionaries of criminal justice system, second the modules which detail the pre-trial, trial and post trial processes and third the modules which raise voice and concern of other stakeholders like victim and witnesses.The Course is intended to cover major topics under the Indian Criminal Procedure. It not only explains the processes like arrest, bail, search, seizure etc. but also provide detailed information of the functionaries and other stakeholders of the criminal justice system like victim, witnesses etc. Some of the modules under the course are devoted to explain the trial and appellate process. It also highlights the sentencing practices in criminal courts.Pre–requisites:For pursuing this course, students are required to have minimum graduate degree in Law and they should be familiar with the following concepts: Basic understanding of Indian Criminal Justice System Preliminary knowledge about agencies of Criminal Justice System Basic understanding of provisions of Code of Criminal Procedure and Part III of the Indian ConstitutionLearning Outcomes:After completing the MOOC course , the student shall be able: To have a comprehensive understanding of the substantive and procedural issues which are shaped by the constitutional guarantees. To understand the roles of various functionaries in Criminal Justice System. To understand the procedural ramifications involved in investigation and other preliminary processes. To have the fundamental knowledge and understanding relating to cognizance, charge and trial process under the Code of Criminal Procedure. To expose about the process of sentencing and alternate modes of punishment. To have a fair idea about the correctional system within the realm of the criminal justice administration.

Syllabus

Week 1
1. Constitutional Foundations of Criminal Justice System
2. Models of Criminal Procedure
3. Preventive Detention

Week 2
1. Functionaries of Criminal Justice Administration including hierarchy of courts
2. Role of Prosecutor in Criminal Justice Administration

Week 3
1. Reporting of Crimes
2. Arrest Process in Criminal Justice Administration
3. Rights of Arrestee

Week 4
1. Pre-Trial Process: Investigation by Police
2. Pre-Trial Process: Search and Seizure
3. Pre-Trial Process- Procuring Attendance of Person and Production of Documents

Week 5
1. Remand Procedure
2. Custodial Justice
3. Bail Jurisprudence

Week 6
1. Pre-Trial Process and Role of Courts
2. Access to Criminal Justice
3. Place of Inquiry and Trial

Week 7
1. Initiation of Proceedings before the Magistrate
2. Trial Process including cognizance and framing of charges
3. Kinds of Trial
Week 9
1. Fair Trial
2. Appreciation of Evidence
3. Maintenance Proceedings under Code of Criminal Procedure

Week 10
1. Compounding of Offences
2. Plea Bargaining in India

Week 11
1. Sentencing: Theory and Practice
2. Probation as a Form of Sentencing
3. Remission and Commutation of Sentence

Week 12
1. Appellate Process
2. Review Process: Revision

Week 13
1. Victims of Crime
2. Procedural Safeguards to Rape Victims
3. Witness Protection

Week 14
1. Inherent Jurisdiction of High Court
2. Correctional System

Taught by

Neeraj Tiwari

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