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«APPENDIX – 29 (R) UNIVERSITY OF MADRAS DEGREE OF MASTER OF LAW (M.L.) (PRIVATE STUDY) (NON-SEMESTER) BRANCH II – CRIMINAL LAW REVISED REGULATIONS ...»

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APPENDIX – 29 (R)

UNIVERSITY OF MADRAS

DEGREE OF MASTER OF LAW (M.L.) (PRIVATE STUDY)

(NON-SEMESTER)

BRANCH II – CRIMINAL LAW

REVISED REGULATIONS

(w.e.f.2008-2009)

1. ELGIBILITY FOR ADMISSION

Admissions are open to persons all over India. The minimum qualification for

admission is 3 year BL, 5 year BL or LLB from any recognized University accepted by the Syndicate as the equivalent thereto.

2. DURATION OF THE COURSE.

The duration of the course will be 2 years under the non-semester pattern.

3. MEDIUM OF INTRUCTION AND EXAMINATION

The medium of instruction and Examination will be English.

4. COURSE OF STUDY The course of study for the ML Degree shall consist of 10 theory papers and a Dissertation.

5. SCHEME OF EXAMINATIONS Paper Title Hours Marks Paper-I Constitutional New Challenges 3 100 Paper-II Research Methodology and Legal Education 3 100 Paper-III Criminology, Penology and the Treatment of 3 100 Offenders.

Paper-IV Juvenile Delinquency 3 100 Paper-V Drug Addiction, Criminal Justice and Human 3 100 Rights.

Paper -VI Privileged Class Deviance And Collective 3 100 Violence Paper-VII Cyber Crimes and International Crimes 3 100 Paper -VIII Comparative Criminal Procedure 3 100 Paper -IX Judicial Process 3 100 Paper-X Law and Social Transformation 3 100 Paper-XI Dissertation and Viva-voce 3 60 + 40 Personal Contact Programme Compulsory P.C.P will be conducted every year for a period of 10 days only at Chennai.

Examination Examinations will be conducted at the end of I year and II year (June) Supplementary Examination will be conducted in December.

Eligibility to appear for Theory Examination Only if a candidate attends the P.C.P. He/She is eligible to appear for the Theory Examination.

Dissertation and Viva Dissertation and Viva - 100 Marks Dissertation - 60 Marks Viva - 40 Marks Viva will be conducted in the Department of Legal Studies, University of Madras, Chennai.

6. PASSING MINIMUM A candidate shall be declared to have passed in each paper / subject, if he / she secures Not Less than 40% of the marks prescribed for the examination.

1) The passing minimum shall be 40% in each paper and 50% in the dissertation.

In addition, the candidate shall secure a minimum of 50% in the aggregate for a pass in each year separately.

2) The candidate securing a minimum of the 50% of the marks in any paper will be exempted from Re-appearing in that paper/s or dissertation.

Candidates while re-appearing again for the papers in which they failed or re-submitting a fresh dissertation at subsequent occasions shall obtain not less than 50% of the marks in each papers or dissertation to qualify for a pass in such paper/s or dissertation.

7. CLASSIFICATION OF SUCCESSFUL CANDIDATES

Successful candidates passing the whole examinations and securing the marks (i) 60 percent above (ii) 50 percent and above but below 60 percent in the aggregate of the marks prescribed for the course shall be declared to have passed the examination in the FIRST and SECOND class respectively.

8. PATTERN OF QUESTION PAPER

–  –  –

9. ELIGIBILITY TO GUIDE Any full time Law Teacher of Law College / University Department with M.L.

Degree with a minimum of 2 years Teaching Experience are eligible to Guide.

Prior approval of the topic and Guide’s Eligibility must be obtained from the Prof.

and Head, Department of Legal Studies, University of Madras, Chennai at the beginning of the second year, before 30th November.

A.C.M.2008

–  –  –

PAPER: I – CONSTITUTIONAL NEW CHALLENGES

Creation of new states, Allocation and share or resources-distribution of Grantsin-aid, Rehabilitation of internally displaced persons, Centre’s responsibility and internal disturbances within States, Direction of the Centre to the State under Article 356 and 365, Federal Comity: Relationship of trust and faith between Centre and States, Special status of certain States. – “State”: Need for widening the definition in the wake of liberalization, Right to equality: Privatization and its impact on affirmative action, Empowerment of women, Freedom of press and challenges of new scientific technology. Freedom of speech and right to broadcast and telecast, Right to strike, hartal and bandth, Reading Directive Principles and Fundamental Duties into Fundamental Rights. Compensatory jurisprudence – Right to education, Commercialization of education and its impact, Brain drain by foreign education market, Right of minorities to establish and administer educational institution and state control, Secularism and religious fanaticism, Separation of powers: Stresses and strain, Judicial activism and judicial restraint, PIL: implementation, Judicial independence, Appointment, transfer and removal of judges, Accountability: executive and judiciary, Tribunals, Nexus of politics with criminals and the business, Election, Election Commission: Status, Electoral Reform, Coalition government, stability, durability, corrupt practice, Grass root democracy.





PAPER: II – RESEARCH METHODOLOGY AND LEGAL EDUCATION

Socio Legal Research, Doctrinal and non-doctrinal, Relevance of empirical research, induction and deduction, What is a research problems? Survey of available literature and bibliographical research, Legislative materials including subordinate legislation, notification and policy statements, Decisional Material including foreign decision; methods of discovering the “rule of the case”, tracing the history of important cases and ensuring that these have not been over-ruled discovering judicial conflict in the area pertaining to the research problems and the reasons there of, Juristic writings – a survey of juristic literature relevant to select problems in India and foreign periodicals.

Completion of list of reports or special studies conducted, relevant to the problems. Formulation of the research problems. Devising tools and techniques for collection of data: Methodology, Methods for the collection of statutory and case materials and juristic literature, Use of historical and comparative research materials, Use of observation studies. Sampling procedures- design of sample, types of sampling to be adopted, Use of scaling techniques, Jurimetrics.

Computerized Research - A study of legal research programmers such as Lexis and West law coding, Classification and tabulation of data – use of cards for data collection – Rules for tabulation. Explanation f tabulated data, Analysis of data.

Objective of Legal Education, Lecture Method of Teaching – Merits and Demerits, The problem method, Discussion method and its suitability at postgraduate level teaching, The Seminar Methods of Teaching, Examination system and problems in evaluation – external and internal assessment, Student participation in Law School programmers – Organization of Seminars, publication of journals and assessment of teachers, Clinical legal education – legal aid, legal literacy, legal survey and law reform, Clinical legal education – legal.

PRESCRIBED BOOKS

1. High Brayal, Nigel Dunean and Richard Crimes, Clinical Legal Education: Active Learning in Your Law school, (1998)

2. Blackstone Press Limited, London, S.K.Agrawal (ed.), Legal Education in India (1973), Tripathi, Bombay

3. N.R.Madhava Menon, (ed.) A Handbook of Clinical Legal Education, (1988) Eastern Book Company, Lacknow

4. M.O.Price, H.Bitner and Bysiewiez, Effective Legal Research (1978), Pauline

5. V.Young, Scientific Social Survey and research, (1962)

6. William J. Grade and Paul K.Hatt, Methods in Social Research, MC Graw-Hill Book Company, London

7. H.M.Hyman, Interviewing in Social Research (1965)

8. Erwin C. Surrency, B.Fielf and J.Crea, A Guide to Legal Research (1959)

9. Morris L.Coha, Legal Research in Nutshell, (1996), West publishing Co.

10. Harvard Law Review Association, Uniform system of Citations, ILI Publication, Legal Research and Methodology.

PAPER: III – CRIMINOLOGY, PENOLOGY AND THE TREATMENT OF OFFENDERS

Crime and Criminology – criminal responsibilities, Theories of Causation, Subjective theories of crime – classification of crime and criminals-organised crimes, white collar crimes and victimless crimes. Penology –Treatment of Offenders – Definition and Theories of Punishment-Retribution-Utilitarian prevention; Deterrence, Utilitarian Intimidation – Behavioural prevention: Incapacitation, Classical Hindu and Islamic approaches to Punishment. Capital Punishment-Judicial attitudes towards Capital punishment in India-an inquiry through the statue law and case law. Law reform proposal. Approaches to sentencing-Alternative to imprisonment –probation-corrective labour-fines-collective fines-reparation by the offender/by the Court. Sentencingprincipal types of sentence in the Penal code and special laws-Sentencing in white collar crime- pre-sentence hearing- sentencing for habitual offender – summary punishment-plea – bargaining- the state of India’s jails today-the disciplinary regime of Indian prisons – classification of prisoner-rights of prisoner and duties of custodial staff – open prisons – judicial surveillance – basis – development reforms.

PRESCRIBED BOOKS

1. Edwin H. Sutherland, Criminology

2. Gillion, Criminology and penology

3. Hall, Jerome, General Principles of Criminal Law

4. Russel, Crime and Misdemeanour

5. Wotten, Crime and Criminal

6. S. Chhabbra, The Quantum of Punishment in Criminal Law (1970)

7. H.L.A. Hart, Punishment and Responsibility (1968)

8. Herbert L.Packer. The Limits of Criminal Sanction (1968)

9. Alf. Ross, On Guilt, Responsibility and Punishment (1975)

10. A.Siddique, Criminology (1984) Eastern, Lucknow.

11. Law Commission of India, Forty-Second Report Ch.3 (1971)

12. K.S.Shukla, “Sociology of Deviant Behaviour” in 3 ICSSR survey of Sociology and S.Anthropology 1969-479 (1986)

13. Tapas Kumar Banerjee, Background to Indian Criminal Law (1990). R.Campray & Co Calcu…

PAPER: IV – JUVENILE DELINQUENCY

The basic concepts – The conception of ‘Child” in Indian Constitution and Penal Code, Delinquent Juvenile, “Neglected” Juvenile, The Overall situation of children / young persons in India, also with reference to crime statistics (of crimes by and against children) Determining factors of Juvenile Delinquency – Differential Association, Anomie, Economic pressure, Peer group influence, Gang sub – culture, Class differentials.

Legislative Approaches: Legislative position in various Status, children’s Act, The Juvenile Justice Act, Constitutional aspects, Distinction between “Neglected” and “delinquent” juveniles, competent authorities, Procedural safeguards for juveniles, Powers given to government, Community participation as envisaged under the Act.

Indian Context of Juvenile Delinquency – The Child population percentage to total sex – ratio, urban / rural / Neglected – below poverty line, physically and mentally disabled, orphans, destitute, labourers, In organized industries like zari carpet, bidi, glass. In unorganized sector like domestic servant, shops and establishments, ragpickers family trade.

Delinquent –number, sex – ratio, ratio to adult crime, types of offences committed, recidivism, rate of increase background, Drug addicts, Victim Of violence – sexual abuse, battered, killed by parents, Of criminal activities like bootlegging, drug pollution as a response of protective approach.

Judicial Contribution –Social action litigation concerning juvenile justice, Sailent judicial decisions, Role of legal profession in juvenile justice system.

Implementation – Institutions, bodies, personnel, Recruiting and funding agencies, Recruitment qualifications and salaries or fund, Other responsibilities of each agency / person, Coordination among related agencies, Accountability annual reports and accessibility of public to juvenile justice institution.

Prevention Strategies – State Welfare programmes health nutrition, ICWS, grants-in-aid, Compulsory education, Role of community, family, Voluntary, bodies, individuals.

PRESCRIBED BOOKS

1. National Institute of Social Defence, Model Rules under the Juvenile Justice Act, 1986, (1986)

2. K.S.Shukla, Adolescent Offender (1985)

3. United Nations, Beijing Rules on Treatment of Young Offenders (1985)

4. Myron Weiner, The Child and State in India (1990)

5. The United Nations Declaration on the Rights of Children.

PAPER: V – DRUG ADDICTION, CRIMINAL JUSTICE AND HUMAN RIGHTS

Basic Conceptions – Drugs “narcotic” “psychotropic substance”-“Dependence, “addition” – “Crimes without victims”-“Trafficking” in “Drugs”-“Primary drug abuse”. How Does One Study in Incidence of Drug Addiction and Abuse? – Self-reporting-Victimstudies.

Problems of comparative studies – Anagraphic and Social Characteristic of Drug Users – Gender – Age- Religiousness – single individuals cohabitation – Socioeconomic level of family – Residence patterns (Urban rural Urban) – Educational Levels – Occupation-Age at first use – Type of drug use – Reasons given as cause of first use – Method of Intake – Patten of the Use – Average Quantity and cost Consequences on addict’s Health (Physical Psychic).



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