LLB 3 Year Course - First Year - Semester II

Course Objectives

This course is designed to understand the meaning of crime, and the essential principles of criminal liability by a study of a range of offences under the Bhartiya Nyaya Sanhita 2023. It further aims to empower learners to analyse the core principle of criminal jurisprudence and evaluate the various elements of the crime. The learners will be equipped to understand the principles of culpability and punishment. The students will be well versed with the general scheme of the Bhartiya Nyaya Sanhita 2023 and be able to grasp the various terms and terminology used in the Bhartiya Nyaya Sanhita 2023. The students will be prepared to analyse the ingredients of various offences and study the punishments prescribed thereto and critically analyse. They will be able to identify the general exceptions under the penal law and understand the principles of joint, strict, vicarious and group criminal liabilities.

Course Outcomes

After completing this course students will be able to:

1. Identify the various components of criminal culpability and classify an offence.
2. Critically evaluate the fundamentals of Criminal Jurisprudence.
3. Analyze, compare, evaluate conventional crimes as well as emerging crimes under the Bhartiya Nyaya Sanhita 2023 in line with philosophy of criminal jurisprudence and judicial approach in prescribing punishment for the various crimes like organized crimes and hyper heinous crimes etc.
4. Understand rules of interpretation of Bhartiya Nyaya Sanhita 2023.
5. Evaluate legal implications of Bhartiya Nyaya Sanhita 2023 on present administration of justice for prevention of crimes.

 

Modules

Module 1

1.1. Salient features of Bhartiya Nyaya Sanhita 2023.

1.2. The comparative analysis of Bhartiya Nyaya Sanhita 2023 and the Indian Penal Code,1860- new changes

1.3. Rules of Interpretation of Penal statute.

1.4. Conceptual analysis of the term crime and other associated terms under the Bhartiya Nyaya Sanhita 2023.

1.5. Definitions. (Section 2)

1.6. General Explanations. (Section 3)

1.7. Punishments. (Section 4 to 13)

Module 2

2.1. General Exceptions to criminal liability under Bhartiya Nyaya Sanhita 2023. (Section 14 to 44)

2.2. Abetment, Criminal Conspiracy and Attempt of Abetment. (Section 45 to 62)

2.3. Offences against Women and Child, of offences relating marriage etc. (Section 63 to 99)

2.4. Offences Affecting the Human Body, Of Offences Affecting Life. (Section 100 to 146)

2.5. Offences Against the State. (Section 147 to 158)

2.6. Offences Relating to the Army, Navy and Airforce. (Section 159 to 168)

2.7. Offences Relating to Elections. (Section 169 to 177)

2.8. Offences Relating to Coin, Currency- Notes, Bank-Notes, And Government Stamps. (Section 178 to 188)

Module 3

3.1. Offences Against the Public Tranquility. (Section 189 to 197)

3.2. Offences by or Relating to Public Servants. (Section 198 to 205)

3.3. Contempt's Of The Lawful Authority Of Public Servants.(Section 206 to 226)

3.4. False Evidence And Offences Against Public Justice. (Section 227 to 269)

3.5. Offences Affecting The Public Health, Safety, Convenience, Decency And Morals. (Section 270 to 297)

3.6. Offences Relating to Religion. (Section 298 to 302)

Module 4

4.1. Offences Against Property. (Section 303 to 334)

4.2. Offences Relating To Documents And To Property Marks. (Section 335 to 350)

4.3. Criminal Intimidation, Insult, Annoyance, Defamation, Etc. (Section 351 to 357)

4.4. Repeals and Savings. (Section 358)

Recommended Resources

1. Bare Act on Bhartiya Nyaya Sanhita 2023.

2. Taxmann law and practice Bhartiya Nyaya Sanhita (BNS) 2024.

3. Bhartiya Nyaya Sanhita edited by Virag Gupta commercial Law publisher 2024.

4. Bhartiya Nyaya Sanhita by Law Man’s published at New Delhi 2023.

5. Bhartiya Nyaya Sanhita by Bharat Publishers 2024.

6. Concise Commentary on Bhartiya Nyaya Sanhita 2023 by Anjana Prakash and Anuj Prakash.

For the purpose of comparison readers and learners may rely on following books;

1. Criminal Law: Cases and Material by KD Gaur.

2. Commentary on the Indian Penal Code by KD Gaur.

3. Criminal Jurisprudence by Dr. V S Chitnis.

4. Law of Crimes in India by RC Nigam .

5. Textbook of Criminal Law by Glanville Williams.

6. The Indian Penal Code by Ratanlal & Dhirailal .

7. Simplest book on Criminal Law by Dr. K K Shetty.

8. Lectures on Criminal Law by Dr. Rega Surva Rao.

9. The Criminal Law Manual Mulla's IPC.

10. Criminal Law by PSA Pillai.

Course Objectives

This course aims to comprehend the philosophy of the Indian Constitution, the Historical background of the Indian Constitution, objectives of the Indian Constitution through the Preamble and the provisions relating to fundamental rights and citizenship. The purpose of the course is to acquaint the students with the Basic Postulates of the Constitution like the Constitutional Supremacy, Rule of law, and Concept of Liberty. It further aspires to fathom the conceptually crafted Directive Principles of State Policy and Fundamental Duties. To develop amongst the students practical understanding of Constitutional provisions and to augment critical thinking skills related to the Constitution and various authorities and to give them a picture of Constitutional Parameters regarding the organization, Powers and Functions of the various Organs of the Government. The emphasis is also on the study of the nature of federal structure and its functioning. A critical analysis of the significant judicial decisions is offered to highlight judicial restraint, judicial passivity, judicial activism and judicial balancing. The students will be able to articulate their independent views over contemporary crucial constitutional issues. The course intends to provide students with tools for identifying Constitutional issues that may arise so that the issues can be anticipated and averted through proper planning and legal recourse. The course will also rely upon the legal case study method as a learning strategy for understanding the key principles of constitutional law. The course deals with both interpretation and implementation of the Indian Constitution.

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Course Outcomes

After the completion of this course the student will be able to:

• The Historical background and salient features of the Indian Constitution.
• Concepts of Federalism and Secularism.
• The importance of Preamble and various concepts envisaged under the same.
• The definition of State with special reference to Fundamental Rights.
• The importance of Fundamental Rights, Directive Principles of State Policy and Fundamental Duties and their justiciability and non–justiciability.
• Implementation of Fundamental Rights through Articles 32 and 226.

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Modules

Module 1
1.1.	Philosophy of Constitution. Constitution as a basic norm. Concept of Rule of Law and Constitutionalism. Constitution as a living document. Forms and Models of Constitution.
1.2.	Historical background and framing of the Indian Constitution. Legal system during East India Company’s Rule in India. Legal system during British Crown’s Rule in India. Freedom Struggle- Simon’s Commission, Communal Award, Civil disobedience movement. Mountbatten’s Plan 1947 and Indian Independence Act 1947. Framing and drafting of Indian Constitution by Constituent assembly.
1.3.	Preamble Socio-Legal Concepts under Preamble. Preamble as a tool to interpret the Constitution. Judicial Pronouncements on Preamble.
1.4.	Salient Features of the Indian Constitution.
1.5.	Provisions relating to Citizenship and Citizenship Act 1955 (Part II).
Module 2
2.1.	Origin, Purpose and Significance of Fundamental Rights. Article 12- Definition of State and concept of State Instrumentalities and agencies. Article 13 -Judicial Review, Pre-constitutional and Post Constitutional Laws, Doctrine of Ultra Vires, Doctrine of Eclipse, Doctrine of Severability and Doctrine of Waiver.
2.2.	Article 14-18 – Right to Equality
2.3.	Article 19 – Six Fundamental Freedoms and Reasonable Restrictions.
2.4.	Fundamental Rights under Articles 20 and 22.
2.5.	Article 21 and 21A – Right to Life and Personal Liberty & Right to Education
Module 3
3.1.	Article 23 and 24 – Right against Exploitation
3.2.	Article 25-28 – Right to Religion
3.3.	Article 29 and 30 – Rights of Minorities
3.4.	Article 32- Right to Constitutional Remedies and Public Interest Litigation.
3.5.	Saving of Certain Laws - Article 31, 33, 34, 35
Module 4
4.1.	Directive Principles of State Policy. Relationship between Directive Principles of State Policy and Fundamental Rights Judicial and Legislative trends on Directive Principles of State Policy.
4.2.	– Historical Background of Fundamental Duties Fundamental duties under the Constitution
4.3.	Judiciary – Supreme Court, High Court (Part V, Chapter IV and Part VI Chapter V) 1. – Tribunals (Part XIVA), Official languages (Part VII), Miscellaneous Provisions (Part XIX) and Commencement, Authoritative Texts and Repeals Part XXII

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Recommended Resources

1. H.M. Seervai, Constitutional Law of India, Law and Justice Publishing Company

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2. M.P. Jain, Indian Constitutional Law, Lexis Nexis

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3. Narendra Kumar, Constitutional Law of India, Allahabad Law Agency

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4. J.N. Pandey, Constitutional Law of India, Central Law Agency

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5. P.M. Bakshi, The Constitution of India, Butterworth Lexis Nexis

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6. D.D. Basu, Introduction to the Constitution of India, Lexis Nexis

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7. Subhash Kashyap, Constitution of India, National Book Trust

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8. Dr. Suresh Mane, Indian Constitutional Law, Dynamics and Challenges, Aarti & Co.

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9. Mahendra Pal Singh, V. N. Shukla’s Constitution of India, Eastern Book Company

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10. Writings and speeches of Dr. Baba Saheb Ambedkar by the Government of Maharashtra

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11. Arvind Datar, Commentary on Constitutional Law

Course Objectives

This course is designed to equip the students of law about the institution of family, types of marriages and the matrimonial remedies inclusive of dissolution of marriages through customary practices as well as dissolution of marriage under personal laws of Parsis, Christians and Muslims and Special Marriages Act. Further, this course enables the students to understand 58 the social evils and their effects on the family institution and update the student about new emerging trends and changing patterns of family in the present scenario of the society. Overall, this course is designed to endow the students with knowledge of both the codified and uncodified portions of Mohammedan Law. The course concerns itself with the sources, schools, institutions, succession, maintenance, the menace of dowry. In addition, the students shall be able to familiarize themselves with the provisions of the Indian Succession Act

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Course Outcomes

After the completion of this course the student will be able to:

• Recognize the Nature, Scope, Foundation and Sources of various personal laws of Parsis, Christians and Muslims.
• Familiarize traditional and statutory legal system, which governs personal matters.
• Understand the subject of family law not merely as a separate system of personal laws based upon religious beliefs, but as one cutting across religious lines, eventually enabling the fulfillment of the Constitutional directive of Uniform Civil Code.

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Modules

Module 1
1.1	Sources of Muslim Law
Shariat Application Act, 1937 Sources of Mohammedan Law Primary Source – Quran, Sunna, Ijma, Qiyas Other Sources - Custom Modern Sources – Judicial Precedents, Legislation, Equity, Justice, and Good Conscience
1.2	Schools of Muslim Law
Sunni Schools of Muslim Law - Hanafi School, Maliki School, Shafie School, Hanbali School Shia Schools of Muslim Law - Zaidya School, Ismailya School, Ithna Ashari School
1.3	Concept of Marriages and Mehr under Muslim Law
Essential requisites of Valid Muslim Marriage Kinds of Muslim Marriage Valid Marriage, Void Marriage, Irregular Marriage Concept of Iddat Muta Marriage Doctrine of Puberty (Option of Puberty) Concept of ‘Halala Marriage’ Concept of Mehr and its Classification
1.4	Dissolution of Muslim Marriage
Kinds of dissolution of Muslim Marriage -Death of Spouse, By the Husband Divorce - Necessity of Divorce, Conditions for the effectiveness of Talaq, Oral Talaq, Talaq in writing Talaq-al-S -unna & Talaq-al-Biddat - By the wife, Talaq-e-Tawfid Divorce by Mutual Consent Khula Mubarrat Judicial Divorce (Ila, Zihar, Lian) Dissolution of Muslim Marriage Act, 1939 Criminalization of Triple Talaq
1.5	Maintenance
General Principles of Maintenance Persons entitled for Maintenance under Personal Law Maintenance under Section 125 (1) (a) of Cr. P. C., 1973 Muslim women (protection on right to divorce) Act, 1986
1.6	Paternity Legitimacy, Parentage and Acknowledgment
Parentage The legitimacy of children, Presumption of Legitimacy Acknowledgement of Paternity Conditions of a valid acknowledgement
1.7	Guardianship
Custody (Wali) & Hijnat Definition of Guardian Classification of Guardianship Power of Guardian Disqualification of Guardian
Module 2
2.1	General Principles of Inheritance under Muslim Law
Definition of Inheritance Conditions for Inheritance Nature of property Relinquishment of shares Rights of Females
2.2	Sunni Law of Inheritance
Rules or General Principles of Sunni Law of Inheritance Classes of Heirs in Sunni Law
2.3	Shia Law of Inheritance
Classification of Heirs Principles or Rules of Succession Principles or Doctrines of Distribution of Shares
2.4	Life Estate
2.5	Testamentary Succession/ Concept of Wills (Vasiyyat)
Module 3
3.1	The Parsi Marriage and Divorce Act 1936
Parsi Marriage Dissolution of Parsi Marriage Alimony Custody of Children Parsi Matrimonial Courts
3.2	The Indian Christian Marriage Act, 1872
Essentials for solemnization of marriage - An authorized person for solemnization of marriage, Time, Place & Registration of Marriage Registration of Marriage Marriages of Indian Christian Penalties and Miscellaneous provisions.
3.3	The Indian Divorce Act 1869
Dissolution of Marriage (Nullity of Marriage, Divorce, Judicial Separation, Restitution of Conjugal Rights) Protection orders Alimony, Settlements, custody of Children, remarriage Court Procedure and Miscellaneous
Module 4
Indian Succession Act, 1925
4.1	Introduction
Scheme of the Act Application of the Act
4.2	Domicile
Kinds of Domicile
4.3	Inheritance (For other than Parsis)
Meaning of Intestacy. Meaning of Consanguinity. Rules of Inheritance.
4.4	Law of Inheritance for Parsis
Rules of Inheritance.
4.5	Testamentary Succession
Wills Residuary Legatees, Lapsing of Legacies Bequest to Unborn Person or Non- Existing Person Rule against Perpetuity Onerous Gifts, Conditional Gifts Kinds of Legacies Ademption of Legacies

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Recommended Resources

1. Tahir Mahmood, The Muslim Law of India, Law Book Company

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2. Mulla, Principles of Mohammadan Law, Lexis Nexis

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3. A.A. Fyzee, Outlines of Mohammadan Law, Oxford University Press

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4. Aquil Ahmed, Textbook of Mohammadan

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5. Paras Divan, Family law

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6. M.P. Tandon, Muslim Law in India

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7. Prof. G. C. V. Subba Rao, Family law in India

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8. B B Mitra - Indian Succession Act, 1925

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9. A. A. A Fyzee - Outlines of Mohammedan Law

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10. D. D Basu - Law of Succession

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11. Paras Diwan - Family Law: Law of Marriage and Divorce in India

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12. A. M Bhattachargee - Muslim Law and the Constitution

Course Objectives

The objective of this course is to enable the students to understand the legal protection of the environment through various laws. The course aims to shed vivid light on environmental jurisprudence and aspires to equip future lawyers with knowledge and skills to handle environmental matters. It further highlights the detailed understanding of emerging environmental issues, remedies for the same and the viability of potential solutions. This course intends to develop an in-depth understanding of various environmental legislations available in India. The role of international and national environmental mechanisms & their involvement in promoting the cause of the environment is emphatically elucidated along with the outcome of various conferences and conventions. Environmental problems have attained alarming proportions It is essential to sensitize the students to environmental issues and the laws. The important principles in the field like intergenerational equity, carrying capacity, sustainable development and precautionary, polluter pays principles are to be appreciated. The law in practice is to be analyzed and evaluated. The course is designed towards these objectives.

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Course Outcomes

After the completion of this course the student will be able to:

• To develop a basic scientific understanding of environmental issues, their causes, effects, remedies and viable solutions.
• To be able to apply disciplinary knowledge and enforce the same through available mechanisms.
• To explore the developments in national & international environmental laws and their fundamental principles.
• To have an in-depth understanding of various statutes and provisions in respect of environmental laws.
• To know about the importance of Public Participation, Public Interest Litigation, and other remedies in preserving and protecting the environment.
• To analyze areas concerning Global & transboundary environmental problems through better perspectives.

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Modules

Module 1
1.1.	Environment, its components, and factors affecting the quality of environment including global warming, climate change and kinds of pollution.
1.2.	Environmental Law – meaning and purpose.
1.3.	Constitutional Provisions relating to rights and duties of people and government Public Interest Litigation and Judicial Activism.
1.4.	General Laws and Environment Protection- application of Tort law, Indian Penal Code and Criminal Procedure Code.
Module 2
2.1.	Environment Protection from International Perspectives - Stockholm Conference, Rio Declaration and Johannesburg Declaration Introduction to United Nations Framework Convention on Climate Change, Kyoto Protocol, Montreal Protocol and Convention on Biological Diversity
2.2.	Environment Protection-Significant Concepts and Principles - Sustainable development Polluter Pays Principle Precautionary Principle Environment Impact Assessment- CG Notification Eco-mark Intergenerational and Intragenerational Duty Public Trust Doctrine
Module 3
3.1.	The Water (Prevention & Control of Pollution) Act 1974
Definitions, Establishments of - Central Pollution Control Board (S. 3) The State Pollution Control Board (S. 4) Joint Board (S. 13) Functions of Central Pollution Control Board (S.16), The State Pollution Control Board (S. 17) Prevention & Control of Water Pollution (S.19 – S. 33), Penalties & Procedure (S.41- S. 50)
3.2.	The Air (Prevention & Control of Pollution) Act 1981
Definitions, Establishments of - Central Pollution Control Board (S. 3) The State Pollution Control Board (S. 4) Constitution of State Board (S. 5) Functions of Central Board (S.16) Functions of State Boards (S. 17) Prevention and Control of Air Pollution (S.19- S. 33A) Penalties and Procedure (S. 37- S.46)
3.3.	The Environment (Protection) Act, 1986
Definitions General Powers of the Central Government (S.3) Prevention, Control and Abatement of Environmental Pollution (S.7 – S.14) Penal Provision (S.15-S.17)
3.4.	Indian Forest Act 1927 and Forest Conservation Act, 1980-
Module 4
4.1.	The National Green Tribunal Act, 2010-
Scope (sec 3-13), Jurisdiction, Powers and Proceedings of the Tribunal (sec 14-25), Penal Provisions (26-28)
4.2.	The Wild Life (Protection) Act, 1972
Definitions, Hunting of Wild Animals (sec- 9,11 &12) Protection of Specified Plants (sec 17A-H) Protected Areas Sanctuaries, National Parks & Closed Area (sec 18 – 49C) Offences Against Wildlife (sec 50 – 58Y)
4.3.	Rules addressing some environmental problems
Bio-Medical Waste Rules 2016 Hazardous wastes Rules 1989 Noise Pollution Rules 2000 Ozone Depleting Substances Rules 2014 Solid Waste Management Rules 2016

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Recommended Resources

1. P. Leelakrishnan, The Environmental Law in India, Butterworths – India

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2. P. Leelakrishnan, Environmental Law in India, Lexis Nexis

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3. Shyam Diwan& Armin Rosencranz, Environmental Law and Policy in India, Oxford University Press

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4. S. C. Shastri, Environmental Law, Eastern Book Company.

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5. Gurdip Singh, Environmental Law in India, MacMillan Publisher.

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6. Benny Joseph, Environment Studies, Tata McGraw Hill, New Delhi.

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7. Environmental & Pollution Laws in India by Justice T S Doabia, Lexis Nexis

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8. Krishan Keshav, Law and Environment, Singhal Law Publications

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9. Green Book: Pollution Control Act, Rules and Notifications Issued Thereunder

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10. Book Corporation's Principles of Environmental Laws by Dr. Rabindra Kr. Pathak, Ms. Surbhi Singh

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11. Asia Law House's Environmental Law by DR. S. R. Myneni

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12. Environment, Energy and Climate Change Author: Nawneet Vibhaw, Lexis Nexis

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13. All We Can Save: Truth, Courage, and Solutions for the Climate Crisis, by Ayana Elizabeth Johnson, Katharine K. Wilkinson

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14. Dr. Paramjit Jaiswal et al Environmental Law. Allahabad Law Agency, 5th Edition 2021

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15. Our Common Future- The Bruntland Commission Report

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16. Shantakumar’s Introduction to Environmental Law, Wadhwa and Company

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17. H. N. Tiwari, Environmental Law, Allahbad Law Agency

Course Objectives

Good speaking and the writing skills are required for the lawyers. The objective of the course is to train the students with skills to draft the essential legal documents. It also intends to acquaint the students with advocacy skills to bridge the gap between theoretical and practical knowledge and to strengthen and enhance their critical thinking. This course intends to impart the essential skills enabling the learner to understand and draft the legal documents that he/she may come across in his/her professional as well as day to-day life. It helps in making aware the learner to the critical rules and principles of drafting legal documents essential not only in professional life but also in day today life. Bar Council of India has prescribed one course on Drafting, Pleading and Conveyance as a compulsory clinical course. However, to give a winning edge to students of the University there will be three courses on drafting, pleading and conveyancing. This is the first of the three on drafting. Drafting skills are absolutely important for a lawyer and so in-depth coverage and vast coverage of the subject is the primary objective. The purpose of this course is to impart knowledge in drafting simple letters and of documents/pleadings which are related to the courses students study in the first year. The objective of the course is to teach in detail the content and format of the drafting of the items included in the four modules

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Course Outcomes

On successful completion of this course, the students will be able to :

• Draft with ease the various letters, documents, applications included in the four modules
• Understand the relevant legal provisions relating to the items included for drafting in this course
• Identify and correct the errors in the drafting of these items which they learn to draft

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Modules

Module 1
1.	Letter to obtain permission from the statutory authority
2.	Letter of attornment
3.	Accountable receipt
4.	Promissory note
5.	Affidavit for change of name
6.	Declaration
7.	Schedule of Property- plot of land with structure thereon
Module 2
1.	Public Notice
2.	Adjournment application in criminal matters
3.	Vakalatnama for High Court
4.	Vakalatnama for city civil/ district court
5.	Domestic Violence Act- Notice, Application
Module 3
1.	Consumer Complaint under CPA, 2019
2.	Appeal and revision under CPA, 2019
3.	General Power of Attorney, Special Power of Attorney
4.	Agreement for Sale
5.	Franchise Agreement
5.	Confidentiality Agreement
Module 4
1.	Writ Petition U/A 32, 226 and 227 of the Constitution
2.	Public Interest Litigation