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3 RD Sem Syllabus

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3 RD Sem Syllabus

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THIRD SEMESTER

LLM/3/CC/11: LEGAL PEDAGOGY, RESEARCH METHODS AND WRITING – II

4 Credits (L: T: P=1:1:2)

It includes submission of SOCIO-LEGAL RESEARCH PROJECT, Viva Voce and law teaching.

Sl. No. Activity Credits


1. Project Report (External Exam.) 2
2. Viva Voce (External Exam.) 1
3. Law teaching (External Exam) 1
Total 4

GUIDELINES FOR SOCIO-LEGAL RESEARCH

A. Research scholars are required to follow the steps given below for preparation of
Socio-Legal Research

Research Methodology:

1. Title of the Study


2. Problem of the study
3. Rationale of the study
4. Objectives of the study
5. Research Questions
6. Hypothesis
7. Review of Literature
8. Operational concepts & Variables of the study
9. Research Design
i) Nature/ Type of the study
ii) Universe: Population, Sample and Sample size, Sampling Method
iii) Method of Data Collection
iv) Sources of Data Collection
v) Tools of Data collection
10. Limitations of Study
11. Time Schedule
12. Possible contribution of the study
13. Chapterization

B. Socio-Legal Research shall have the following structure:


o Cover
o Cover page
o Certificate
o Acknowledgement
o List of Case Laws
o List of Tables
o List of Maps
o Abbreviations
o Contents

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Chapter I: Theoretical Background

Chapter II: Research Methodology (As given in A )

Chapter III: Analysis and Interpretation of Data

Chapter IV: Major Findings, Conclusions and Suggestion.

Bibliography

Annexures:
o Interview Schedules / Questionnaires/Observation Schedule
o Master Charts
o Acts, Bills, Maps, etc.

C. Step by step procedure to be followed for Socio-Legal Research:

1) Approval of the title


2) Collection of material
3) Review of literature
4) Problem
5) Objectives
6) Rationale
7) Hypothesis
8) Chapterization
9) Detuning the Universe of the study
10) Sampling Design
11) Research Questions/Interview Schedule
12) Collection of Data
13) Data Processing
14) Analysis and Interpretation of data
15) Report Writing
16) Preparation of Bibliography
17) Preparation of List of cases
18) Abbreviation
LAW TEACHING

For Law Teaching, topics will be assigned to students in advance and they will be required to take a Lecture (class)
for 30 minutes for LL.B or LL.M. Courses. They can select any one of the methods of teaching and the practical
examination will be held in the Third Semester.

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LLM/3/SC/12A1: LAW OF CRIMES

4 Credits (L: T: P = 3:1:0)


Course Objectives: To fine out historical development and concept of crime in India, also fundamental elements,
liability, abetment and criminal conspiracy. The course also deals about general exceptions, offences against the
person, property and the State under Indian Criminal law.

Course Content:

1. Crime and Criminal Law: Concept, Nature and Scope; Principles of Criminal Law; Historical
Development; Parties to Crime; Elements of Crime; Modern trend of mens rea; Mens rea under the Penal
Code; Stages in Commission of a Crime.

2. Criminal Liability and Preliminary Crimes: Common intention, common object. Vicarious liability,
strict liability, criminal liability of corporation; Abetment and Criminal Conspiracy.

3. General Defences/Exceptions: Excusable Defence and Justifiable Defence.

4. Offences Against the Person: Homicide, Hurt, Criminal Force and Assault, Kidnapping and Abduction,
Sexual offences.

5. Offences Against Property and the State: Theft, Extortion, Robbery and Dacoity, Criminal
Misappropriation, Criminal Breach of Trust, Cheating, Mischief; Waging War and Sedition.

Learning Outcomes

The learning outcomes of this paper are:

1. The students of law will learn about historical development and concept of crime in India, also fundamental
elements, liability, abetment and criminal conspiracy.
2. They will also learn about general exceptions, offences against the person, property and the State under
Indian Criminal law.

Suggested Readings (latest edition):

1. Gaur, H. Singh; Penal Law of India. Universal, New Delhi.


2. Gaur, K.D.; A Text Book on the Indian Penal Code, LexiNexis, Gurgaon.
3. Gaur, K.D.; Commentary on the Indian penal Code, Universal Law House, New Delhi.
4. Malik, S. & Mlik, S.; Supreme Court on Penal Code, Universal Law House, New Delhi.
5. Sarma, K.V.S. (Ed.); KSN Murthy’s Criminal Law (Indian Penal Code), LexisNexis, Gurgaon.
6. Kautilya on Crime and Punishment, Bodh Gaya: Kanchan Publications.
7. Ratanlal & Dhirajlal; Indian Penal Code, LexiNexis, Gurgaon.
8. Langbein, John H., The Origins of Adversary Criminal Trial, London: Oxford University Press.
9. Pillai, K.N. Chandrasekharan; General Principles of Criminal Law, Eastern Book Co., Lucknow.
10. Hamiton, W.R.; The Indian Penal Code (with commentary), Universal Law House, New Delhi.
11. Batuklal; Commentary on the Indian Penal Code (in 2 Vols), Universal Law House, New Delhi.
12. R.P. Kathuria’s Law of Crimes and Criminology-Exhaustive and Critical Commentary on Indian Penal Code, Vinod
Publications Pvt. Ltd., Vol. 1.
13. Richard, R. Cheery; Lectures on the Growth of Criminal Law in Ancient Communities, London.
14. Turner, J.W.C. (ed.), Kenny’s Outlines of Criminal Law.
15. Glanville, W.; Criminal Law (General Part).

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12. Bowett, P.W.; International Institution, Sweet & Maxwell, London.
13. Schwarzenberger, G. International Law, Oxford University Press, Oxford.
14. Brownlie, I.; Principles of Public International Law, Clarindon Press, Pennsylvania.
15. Rebecca M, Wallace; International Law.
16. Dixon, M. & Robert; Cases and Material on International law Mc. Corquodale.

LLM/3/SC/13A2: CRIMINOLOGY AND PENOLOGY

4 Credits (L: T: P=3:1:0)

Course Objectives: To create critical understanding of criminology as a branch of law and its relevant aspect
particularly its schools, causation of crime and its prevention as well. In addition the course seeks to clarify the
purpose and role of penology as a social science and to instill students all gamut of efficacy of punishment, capital
punishment and prison administration and probation of offenders and parole as well.

Course Content:

1. Introduction to Criminology: Concept, Nature and Scope; Schools of Criminology, Relation between
Crime and Society; Causation of Crime.
2. Schools of Criminology: Pre-classical School of Criminology, The Classical School of Criminology, The
Neo- Classical School of Criminology - Cesare Lombroso, Enrico Ferri, Raffaele Garofalo, Gabriel Tarde,
Clinical School of Criminology, Sociological School of Criminology.
3. Developing Trends in Criminology: Female Criminality, Terrorism and State Violence, White Collar
Crime, Human Trafficking, Drug Trafficking.
4. Administration of Criminal Justice: Courts, Prosecution, Police, Prisons, Criminal Justice Reforms –
Malimath Committee Recommendations.
5. Penology: Definition, Concept of punishment and justification, Theories of Punishment, Modern Approach
in Penology, Penal Policy in India; Treatment of Offenders - The need for reformation and Rehabilitation
of Offenders undergoing, Forms of Punishment and Sentencing; the Prison Administration; Prison
Reforms; Parole; Prevention of Crimes; Vocational and Religious Education and Apprenticeship;
Programme for the Offenders; Participation of Inmates in Community services; Probation of Offenders;
Probation of Offenders Act,1958; Juvenile Delinquency and role of Judiciary in protection of Juveniles.

Learning Outcomes

The learning outcomes of this paper are:

1. The students of law will learn about criminology as a branch of law and its relevant aspect particularly its
schools, causation of crime and its prevention as well.
2. They will also learn about the purpose and role of penology as a social science and to instill students all gamut
of efficacy of punishment, capital punishment and prison administration and probation of offenders and parole
as well.
Suggested Readings (latest edition):

1. Davis, Robert C., Lurigio Arthr J. And Herman Susan (ed.), Victims of Crime, Sage Publication.
2. Devasia, V.V. & Leelamma, Criminology Victimology and Corrections, Ashish Publishing House.

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3. Gaur, K.D. (ed.), Criminal Law and Criminology, Deep and Deep Publications Pvt. Ltd..
4. Justice Iyer, V.K. Krishna, The Indian Law-Dynamic Dimensions of the Abstract, Universal Law Publishing Co. Ovt.
Ltd.
5. Katherine, S. Williams, Text book on Criminology, Universal Law Publishing, New Delhi.
6. Khan, Sarfaraz Ahmed, Rights of the Victims – Reparation by International criminal Court, A.P.H. Publishing
Corporation, Hyderabad.
7. Singh, A.R. (Ed.2014). Youth, Peace and Development, Vol. II, Concept, New Delhi.
8. Sharma, L.S. (Ed.2017). Branding North East India for Tourism Destination, Ruby Press, New Delhi.
9. Maguire, Mike, Margan Rod, Reiner Robert (ed.), The Oxford handbook of Criminology, Oxford University Press.
10. Paranjape; Criminology, Penology & Victimology, Allahabad: Central Law Publication, Allahabad.
11. Sutherland, E. H. & Cressy, Principles of Criminology, Lanham, USA.
12. Williams, K.S.. Text Book on Criminology, 7th Edition, Oxford
13. Swamy, N.M. (2010).Criminology and Criminal Justice System, Asian Law House, Hyderabad.
14. Baxi, U. The Crisis of the Indian Legal System, Vikas Publishing House
15. Premananda, Y. Singh; A study on Youth in Armed Conflict situations and mitigation of conflict by the instrumentality
of International Humanitarian Law in Manipur, 9 PRJ, 2019: 943-960.
16. Gaur, K.D.(ed.). Criminal Law and Criminology, Deep and Deep Publications
17. Siddique,A.; Criminology & Penology, Eastern, Lucknow.
18. Pillai, K.S.; Principles of Criminology, Tagore Law lectures.
19. Siddique, A.; Criminology-Problems and Perspectives, Eastern Law, Lucknow.
20. Chhabbra, S.; The Quantum of Punishment- in Criminal Law, 7th Edn., Chandigarh Publication Bureau, Punjab
University.
21. Hart, HLA. (1968). Punishment and Responsibility, Clarendon Press, Oxford.
22. Herbert, L., & Packer (1968). The Limits of Criminal Sanction, Indiana University, Maurer School of Law.
23. Banerjee, T.K. (1990). Background to Indian Criminal Law, R.Campray & Co., Calcutta.

LLM/3/CC/13B2: LAW OF HUMAN RIGHTS


4 Credits (L: T: P=3:1:0)

Course Objectives: To prepare for responsible citizenship with awareness of the relationship between Human
Rights, democracy and development; to foster respect for International obligations for peace and development; to
impart education on National and International regime of Human Rights; to sensitize students to human suffering
and promotion of human life with dignity; to develop skills on human rights advocacy and to appreciate the
relationship between rights and duties and to foster respect for tolerance and compassion for all living creatures.

Course Content:

1. Introduction: Evolution of the concept of Human Rights, Meaning and nature of human rights, Natural
and Philosophical Theory, Sources of human rights, Cultural relativism and universalization of Human
Rights.
Global and Regional Development of Human Rights and Duties: Human Rights prior to 1945, UN Charter
and Human Rights, International Bill of Rights; European Convention on Human Rights, American
Convention on Human Rights, African Charter on Human and Peoples' Rights.

2. United Nations and Human Rights: The UN Commission on Human Rights, The UN High Commission
for Human Rights, The UN Human Rights Committee (UNHRC) - Composition and Organization, Powers
and Procedures, State Communications, Individual Communication, and Supervision, UN Human Rights
Council, other Treaty Monitoring Bodies (under Convention on the Elimination of All Forms of

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LLM/3/SC/14A3: CRIMINAL PROCEDURE
4 Credits (L: T: P=3:1:0)

Course Objectives: Fair procedural Law is a pre requisite for a just society. The course is designed to clarify how
pre-trial, trial and the subsequent process are geared up to make the administration of criminal justice effective. The
course will acquaint the student with organization of the functionaries under the Code, their power and functions at
various stages and the procedure according to which these powers and functions are to be exercised.

Course Content:

1. Organization of Courts and Prosecuting Agencies: Hierarchy of criminal courts and their jurisdiction,
Nyaya Panchayats in India, Panchayats in tribal areas, Prosecutors and the police, Withdrawal of
prosecution.
2. Pre-Trial Procedures I: Arrest and Investigation, the rights of the accused, The evidentiary value of
statements /articles seized/collected by the police, Right to counsel, Roles of the prosecutor and the judicial
officer in investigation.
3. Pre-Trial Procedures II: Information to the Police and Their powers to Investigate, Conditions Requisite
for Initiation of Proceedings, Complaints to Magistrate, Commencement of Proceedings before Magistrate,
Appeals, Provisions as to Bail and Bonds.
4. Trial Procedures: The accusatory system of trial and the inquisitorial system, Types of Trial, Fair
Criminal Trial, Role of the judge, the prosecutor and defence attorney in the trial, Admissibility and
inadmissibility of evidence, Expert Evidence, Sentencing, Appeal of the court in awarding appropriate
punishment.
5. Miscellaneous Provisions: Security for Keeping the Peace and for Good Behaviour, Maintenance of
Public Order and Tranquility, Order for Maintenance of wives, children and parents, Plea Bargaining,
Probation of Offenders, Reforms in Criminal Procedure.

Learning Outcomes
The learning outcomes of this paper are:

1. The students of law will learn about conceptual background of just society vis-à-vis Fair procedural Law.
2. They will also learn about how pre-trial, trial and the subsequent process are geared up to make the
administration of criminal justice effective.
3. The course will acquaint the student with organization of the functionaries under the Code, their power and
functions at various stages and the procedure according to which these powers and functions are to be
exercised.
Suggested Readings (latest edition):

1. Basu, D.B.; Criminal Procedure Code, 1973; LexisNexis, Gurgaon.


2. Ratanlal & Dhirajlal; Criminal Procedure Code, LexisNexis,Gurgaon.
3. Woodroffe, J.; Commentaries on Code of Criminal Procedure, 2 Vols, Universal, Delhi.
4. Kelkar R.V.; Outline of Criminal Procedure, Eastern, Lucknow.
5. Sarkar, S.K.; Criminal Procedure Code, Wardhwa, Nagpur.
6. Pillai, A.; Criminal Law, Butterworth, London.
7. Gaur, K.D; Criminal Law – Cases and Material, Butterworth, London.
8. Thakkar, C.K.; Criminal Procedure Code, Eastern, Lucknow.
9. Pillai, K.N. Chandrasekharan (Revised by); R.V. Kelkar’s Criminal Procedure, Eastern Book Company, Lucknow.
10. Malik, Sh.; The Code of Criminal Procedure, Allahabad Law Agency, Allahabad.
11. Batul Lal’s Commentary on the Code of Criminal Procedure, 2 Vols., Thomson Reuters.
12. Avadhani, V.S.R. & Valli, V.S.; Criminal Investigation (Law, Practice and Procedure), Asia Law House, Hyderbad.
13. Rao, Y.H. & Rao, Y.R.; Criminal Trial, Fundamentals and Evidentiary Aspects, LexisNexis, Gurgaon.

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LLM/3/EC/15: MEDIA AND LAW
4 Credits (L: T: P=2:1:1)

Course Objectives: The Course aims to discuss the principles of media law as they apply to the work of media and
communications professionals in a variety of fields. Understanding the current and evolving state of media law is a
challenging task, but we hope you will come to agree, worthwhile for anyone interested in such ideas as freedom of
expression and the press. This course deals about laws relating to print and mass media and allied other subject
matters.

Course Contents:
1. Introduction: Concept of Freedom and Historical Evolution of Media, Free Flow of Information beyond
Boundaries and Barriers: International Regimes, Types of Media and its Role in the Society, Right to
information, Press as the Fourth Pillar of Democracy, Difference between visual and non-visual media, E-
media.
2. Law and Media Freedom in India: Freedom of Speech and Expression, Freedom of Press in India and
Restrictions under the Constitution of India; Press Council Act, 1978; Prasar Bharati (Broadcasting
Corporation of India) Act, 1990; Cinematograph Act, 1952; Cable Television Networks (Regulations) Act,
1995
3. Media and Right to Privacy: Information Technology Act, 2000, Cyber Crimes vis-a-vis Media;
Telecommunication and Privacy Laws; Indecent Representation of Women (Prohibition) Act, 1986; Young
Persons (Harmful Publications) Act, 1956; PCI’s Principles and Ethics; Tapping and Law of Interception,
Interception of Communication and Privacy; Freedom of Press and Challenges of New Scientific
Developments
4. Investigative Journalism: Media Trials; Legal regime on Women and Advertisement in India; Checks and
Balances; Media Reporting of Court Proceedings; Media Ethics
5. Media and Good Governance: Right to Information; Social Media and Law; Official Secrets Act, 1923;
Transparency in Governance; Restrictions on Media during Elections.

Learning Outcomes
The learning outcomes of this paper are:

1. The law students will learn about principles of media law as they apply to the work of media and
communications professionals in a variety of fields.
2. They also learn about all gamut of freedom of expression and the press.
3. They also learn about laws relating to print and mass media and allied other subject matters.
Suggested Readings (latest edition):

1. Divan, M.G.; Facets of Media Law, Eastern Book Co., Lucknow.


2. Spilsburg, S. (Ed.); Media Law, Taylor & Francis.
3. Packard, A.; Digital Media Law, Wiley.
4. Monroe, E.P. & Verhulst, S.G.; Broadcasting Reform in India: Media Law from a Global Perspcetive, Oxford
University Press, London.
5. Jain, M.P.;Constitutional Law of India, LexisNexis,Gurgaon.
6. Seervai, H.M.;Constitutional Law of India (Vol. I.), Tripathi, Bombay.
7. Dhavan, R.; “On the Law of the Press in India” 26 JI.L/288 (1984).
8. Dhavan, R.; “Legitimating Government Rehtoric: Reflections on someAspects of the Second Press commission”26 J.L/.391 (1984) .
9. Sorabjee, S.;Law of person Censorship in India (1976).
10. Venkaramiah, E.S.(1984).Freedom of Press: Some Recent Trends.
11. Basu, D.D.;The Law of Press of India, Butterworths, Wadhwa.
12. Sathe, S.P.; Right to Information Act, 2005.
13. John B. Howard, “The Social Accountability of Public Enterprises” in Law and Community, controls in New Development
Strategies (International Center for law in Development 1980)
14. Bruce Michael Boys, “Film censorship in India: A Reasonable restriction on Freedom of Speech and Expression; 14 JILI 501
(1972)
15. Premananda, Y. Singh, “Current State of Women and Advertisements Law in Media: India Chapter”; 8 RR, June 2019: 65-75.

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