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Topic outline
- Code of Criminal Procedure-II (Law 309)
Code of Criminal Procedure-II (Law 309)
- Course Introduction
Course Introduction
Instructions/Guideline for the course:
- All the students registered for this course have to enroll in Moodle
- Students can find all the course materials from Moodle.
- All the students have to submit the soft copy of their "Assignment" in Moodle under the assignment section created here and for this, they will be graded here.
- One discussion or feedback forum is created under each of the lectures Students have to give their feedback on these forums and marks will be given for their feedback
- Any announcement regarding the class will be posted on Moodle. So they have to keep themselves always active on Moodle.
- All the quizzes and presentations will be held on face to face class and maybe a few of the classes will be held on online (Moodle) and it will be announced before the class
- The question pattern and the syllabus for the quizzes, midterm, and final exam is given hereunder each of the section (quizzes, midterm, and final)
- There are midterm and final exam preparation forums under these sections where students can discuss with each other about their midterm and final exam syllabus, any problem regarding the exam, etc.
Course Summary and Objectives:
The Code of Criminal Procedure, 1898 deals with the procedural process of criminal litigation. After completing this course students will learn the vital issues of criminal laws, such as the constitution of criminal courts, their structures, power and jurisdiction, inquiries of trial, duties of police in arresting offenders, and so on.
However, the specific objectives of this course are:
* To learn about the Trial Procedure in different courts and summary trials.
* To familiar with Mode of Taking and Recording Evidence.
* To understand Judgment, Death Sentence confirmation, Appeal, Reference, and Revision.
* To realize about Execution, Suspension, Remission, Commutation of Sentences.
* To learn about the provisions related to Bail and the Bonds.
* To know about the Irregular Proceedings and Miscellaneous Provisions
Course Syllabus:
* Trial of Cases by Magistrates
* Summary Trails
* Trial before Courts of Sessions
* Mode of Taking and Recording Evidence.
* Judgment
* Death Sentence confirmation
* Appeal, Reference, and Revision
* Execution, Suspension, Remission, and Commutation of Sentences
* Provisions as to Bail and the Bail Bonds
* Public Prosecutor, Irregular Proceedings.
* Disputes to Immovable Property.
Amrin Akter
Lecturer
Department of Law
Faculty of Humanities and Social Science
Daffodil International University
LLB (Hon's) & LLM
Daffodil International University
Research Interest: International Law, Constitutional Law, Family law.
Email: amrin.law@diu.edu.bd
Contact Number: +8801912250022
DIU Library Resources Link
- Types of Criminal Case
- Charge under the Code of Criminal Procedure, 1898
Charge under the Code of Criminal Procedure, 1898
Objective:
To know the general provisions regarding the charge under the Code of Criminal Procedure.
Outcome:
Students are able to apply the knowledge in factual scenarios.
Contents:
- What is Charge ?
Nature and Purpose of
charge
Essentials of Charge
Stating the Offence
Describing the offence by the name
Defining and understanding the offense
Mentioning the law and section of law
Substantive requirements of offense to be complied with
Charge’s language
Accused person’s previous convictions
Particulars of the way in which the offence was committed
Thing in respect of which offense is committed
Legal Provision relating to Charge under the Code of Criminal Procedure, 1898
- First Quiz
First Quiz
General instructions for the students
1. Total time of the 1st quiz is two hours.
2. Total marks of the 1st quiz are 15
3. Answer should be relevant and plagiarism free.
4. Do not copy from others and the web.
5. Write in your own language
- Trial Procedures
Trial Procedures
Objectives:
To know the general meaning and concept trial By Magistrates, Summary trial And Session Courts.
Outcomes:
Student will be able
to demonstrate an understanding of the main principles of
trial By Magistrates, Summary trial And Session Courts.
Contents:
- Trial by Magistrates,
- Summary trial and
- Trial before Court of Sessions
- Preventive Action under Sections: 144, and 145-148
Preventive Action under Sections: 144, and 145-148
Objectives:
To know about the provisions of
1.
Temporary
orders in urgent cases of nuisance or apprehended danger u/s: 144.
2.
The
prevention of offences relating to immovable property disputes u/ss: 145-148
Outcome
Students will be able to demonstrate of understanding of the
topic.
Contents
Section 144. TEMPORARY ORDERS IN URGENT CASES OF NUISANCE OR
APPREHENDED DANGER:
- Who
can impose?
- Reasons/
Conditions
- In
writing order
- Exparte
oder
- Order
to Whom
- Cancellation
of order
- Duration
- Remedy
- Violation
- ·
Section: 145: Procedure where dispute
concerning land, etc., is likely to cause breach of peach:
- Who
can impose?
- Reasons/
Conditions
- In
writing order
- Cancellation
of order
- Duration
- Remedy
- Violation
Power to attach subject of dispute S: 146 Local Inquiry S: 148
write the differences between section 144 and 145.
- Topic Title: Judgement
Topic Title: Judgement
Objectives:
* To know the general meaning and application of Judgement.
Outcomes:
Students will be able to demonstrate an understanding of judgement.
Contents:
* The general meaning and definition of Judgement
* The contents or essentials of judgment in Criminal cases
* The Mode of delivering judgment
* When and how a judgment pronounced
* The language of the judgment
* The judgment in alternative.
Lecture Notes
- Topic Title: Appeal and Revision
Topic Title: Appeal and Revision
- Special Proceedings: Lunatics, Administration of Justice & Habeas Corpus
Special Proceedings: Lunatics, Administration of Justice & Habeas Corpus
Objective:
To know the provisions regarding Lunatics, Administration of Justice & Habeas Corpus.
Outcome:
To apply that knowledge in practical scenarios.
Contents:
- Lunatics,
- Administration of Justice &
- Habeas Corpus
Special Proceedings: Lunatics, Administration of Justice & Habeas Corpus
- Double Jeopardy
Double Jeopardy
Objective:
To know the different provisions of Double Jeopardy.
Outcome:
To apply the provisions in practical scenarios.
Contents:
- Concept of Double Jeopardy
- Doctrine of “Double Jeopardy” is based on three maxims
Essential conditions of Double Jeopardy
Example of Double Jeopardy
Brief discussion of section 403
Write a short note on Double Jeopardy
- General Provisions Regarding Criminal Procedure
General Provisions Regarding Criminal Procedure
Objective:
To know the general provisions regarding the Code of Criminal Procedure.
Outcome:
Students are able to apply the knowledge in factual scenarios.
Contents:
- Power to postpone or adjourn
proceedings
- Evidence recorded by different
Judges or Magistrates
- Power to summon material witness
or examine the person present
- Local Inspection
- Power to examine the accused
- Influence to induce disclosure
- Competency of accused to be
witness
- The procedure of recording evidence
- Trial in absentia
Lecture Notes & Slides
General Provisions Regarding Criminal Procedure
- Case Reading
Case Reading
Objectives:
To understand the Bangladesh legal system and
lawyers' principal roles in that system.
Outcome:
Students will understand:
- How lawyers interpret and use
the texts of Bangladesh law in advising clients and preventing and
resolving disputes.
- The concepts of binding authority, persuasive authority and stare decisis.
- The development of the common law.
Contents:
Important and relevant cases of Criminal Procedure in Bangladesh.
1. Write a 10 line case summary in your own words.
মো জুয়েল শিকদার বনাম রাষ্ট্র
|
145
|
561A
|
2.
Md. Nazmul
Huda Vs State & Others
Bangla
|
279
|
265C
|
10 SCOB
2018
27
|
Kamal alias Exol
Kamal Vs. State
|
25
|
Commutation of
Sentence
|
- Topic Title: Suspension, Remission and Commutations of Sentences
Topic Title: Suspension, Remission and Commutations of Sentences
Objectives:
To know the power to suspend or remit and commute the punishment
Outcomes
Students will be to apply the learning in a practical scenario.
Contents:
- Suspension
- Remission
- commutation
Class Lectures ( Notes & Slides)
- Execution of Sentence
Execution of Sentence
Objective:
To know the different types of execution processes.
Outcome:
To apply the knowledge in a practical scenario.
Contents:
- Execution of sentences of death
- Execution of sentences of fine
- Execution of sentences of imprisonment
Execution of Sentence slides & files.
- Midterm Examination
- Transfer of Criminal Cases
Transfer of Criminal Cases
Objective:
To know the procedure of transfer of criminal cases under the Criminal Procedure Code.
Outcome:
Students will be able to apply the knowledge in a practical scenario.
Contents:
- Transfer of by Supreme Court
- Transfer of cases by Court of Sessions
- Withdrawl and Recal
Lecture Notes & Slides
- Disposal of Criminal Cases without Full Trial
Disposal of Criminal Cases without Full Trial
Objective:
To Know the different methods for disposal of the trial.
Outcome:
To apply the knowledge in a practical scenario
Contents:
- Compounding of offences
- Withdrawal from prosecution
- Tender of pardon to accomplices
Lecture Notes & Slides
- Commission, Special Evidence & Previous Conviction & Acquittal
Commission, Special Evidence & Previous Conviction & Acquittal
Objectives:
To know the procedure of issuing commission for examination of witnesses, Special evidence, Previous acquittal and Conviction
Outcome
Students will be able to demonstrate of understanding of the topic.
Contents:
- Commission for examination of witnesses
- Special mode of taking evidence
- Previous acquittal and conviction
Lecture Notes & Slides
What is special evidence?
What is the provision for a previous convictions?
- Bail & Bond in Criminal Cases
Bail & Bond in Criminal Cases
Objectives:
To know the provisions of Bail and bail bond in criminal cases.
Outcomes:
Students will be able to apply the knowledge in practical aspect.
Contents:
Scope of bail
Bond of accused and sureties
Discharge of sureties
Lecture Notes (Slides & Documents)
- Assignment-1