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SYLLABUS - LL.M Criminal Law With Cyber Laws
SYLLABUS - LL.M Criminal Law With Cyber Laws
To
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ThePrincipal
V\\" Government Law College
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ChengalPattu.
Madam,
With reference to the above subject matter, the syllabus of LL.M. Degree course,
Branch IX - Criminal Law with Cyber Crimes, (II, m and IV semesters), is forwarded
herewith for the candidates.
Syllabus
1. The Basic ConcePts.
Code'
1.1 The concePtion of 'Child'in Indian Constitution and Penal
r.2 Delinquent juvenile.
1.3 "Neglected" juvenile.
1.4 The overall situation of children/Young Persons rn India, also
with reference to crime statistics (of crimes by and against
children.)
3. Legislative APProaches.
Select Bibliography
c National Institute of sociat Defence, Mod.el Rules under th.e
Juuenile Justice Act, i986 (1986).
. K.S. Shukla, Ad.olescent Offender (19g5).
o (Jnited Nation's, Beijing Rules on Treatment of young offend.ers
(1eBs).
. MAron Weiner, The Chitd. and. State in India (1gg0).
o The united Nation's Declaration on tIrc Rights of chitdren.
BRANCH IX: CRIMINAL LAw WITH CYBER cRIMEs
SECOND SEMESTER
PAPER VI: CRIMINOLOGY AND PENOLOGY- THE TREATMENT
OF OFFENDERS -
PPB
Objectives of the Course:
Syllabus
4. Approaches to Sentencing:
4.I.1 Probation.
5. Sentencing.
5.1 Principal types of sentences in the Penal Code and Special Laws.
Select Bibliography
. Eduin H. Sutherland - Criminotogg
. Gillin - Criminologg and Penologg.
. Hall, Jerome - General Principles of Criminal Latu.
o Russel - Crime and Misdemeanour.
c Wooten - Crime and Criminal.
c S.Chhnbbra, The Quantum of Punishment in Criminal Law (197O)
c H.L.A. Hart, htnishment and Responsibilitg (1968).
c Herbert L. Packer, The Limits of Criminal Sanction (1968).
. Alf Ross, On Guilt, Responsibilitg and Punishment (1975).
o A.Siddiqte, Criminologg (1 994)Eastern, Lucknotu.
o Law Commission of India, Fortg = Second Report CtL3 (1971).
. K.S. Slukla, "sociologg of Deuiant Behauiour" in 3.ICSSR Surueg of Sociologg and
S...Anthropologg 1 969-479 ( 1 986).
. Tapas Kumar Banerjee, Background.to Indian Criminal Lana (1990). R. Camprag
& Co., Calattta.
BRANCH IX: CRIMINAL LAW WITH CYBER CRIMES
SBCOND SEMESTER
Unit-III- CyberCrime
History and evolution of Cybercrime - Conceptualization - Taxonomy of Cybercrimes :
Semi Cybercrimes and Pure Cybercrimes, identity theft and fraud, forgery, obscenity,
child pornography, defamation, cyber buliying, cyber stacking, Cyber Squatting etc.,
and hacking, Computer Contaminants (Viruses, worrns etc.,) - Security related crimes
- Cyber terrorism.
Unit-IV- Countering CyberCrimes
The Indian Legal Framework on Cybercrimes - The Challenges, Conflict of Laws, Issue
of Consensus, Jurisdictional issues, privacy in.Cyber space, etc., - Indian Penal Code
and its effect - The Information Technologr Act , 2OOO ( as amended on date), the
object, scope and an overview - offences and penalties - Enforcement strategr.
Syllabus
1. Introduction
Note: Depending on specialist interest by the teacher and the taught any
three areas of deviance of privileged class may be explored. What follows is
only illustrative of one model of doing course.
2. Official Deviance
3. Police Deviance
3.1 Structures of Legal Restraint on Police Powers in India'
3.2 Unconstitutionality of "Third-degree" methods and use of
fatal force bY Police.
3.3 "Encounter" Killings.
3.4 Police Atrocities.
3.5 The Plea SuPerior Orders.
3.6 Rape and related forms of Gender-based Aggression by
Police and Para-Millitary Forces.
3.7 Reforms suggestions especially by the National Police
Commissions.
4. Professional Deviance
4.I Unethical Practices at the Indian bar.
4.2 The Lentin Commission RePort.
4.3 The Press council on unprofessional and Unethical
Journalism.
4.4 Medical Malpractice.
Select Bibliography
Almost all the major dilemmas of criminal policy surface rather acutely in
combating drug abuse and criminality is quite complex. At least three important
questions have been recently identified as crucial for comparative research. First, to
what extent drug dependence contributes to criminal behaviour? Second, in what
ways do criminal behaviour patterns determine drug abuse? Third, are there any
cofiIlnon factors which contribute to the determination on both drug abuse and
criminal behaviour?
Apart from these causal issues, there is the broad questions of the social costs -
benefits of criminalization of addictive behaviour.Should drug-taking remain in the
category of "Crime without victims?" Or should it be viewed as posing an ever-growing
threat to human resource development and be subjected to state control, over
individual choices as to survival and life styles?
The Problems here are not merely ideological or theoretical. User of drug for
personal , non-therapeutic purposes may well be linked with international trafficking
in psychotropic substances. It has even been suggested that encouragement of drug-
dependency may have in addition to motivation of high profits, politically subversive
aspects.
Assuming that both addiction and traJ{icking have to be regulated, what penal
policies should be appropriate?What human rights costs in the administration of
criminal justice should be considered acceptable? The international response to these
questions is indicated by the Single Convention on Narcotic Drugs,1961, adopted in
New York, 30 March 1961 and as amended by 7972 Protocol in Geneva, 25 March,
7972 and the Convention on Psychotropic substances, adopted in Vienna, 2I
February 1971.India has recently adopted the basic principles of ttrese conventions in
the Narcotic Drugs and Psychotropic Substances Act,1986.
The following syllabus prepared with the above perspective wiil be spread over a
period of one semester.
Syllabus
1. Introduction
1.1 Basic ConcePtions.
2.L Self-RePorting.
2.2 Victim-Studies.
3.1 Gender.
3.2 Age.
3.3 Religiousness.
3.8 OccuPation.
Note: Since no detailed empirical studies exist in India, the class should be in this
topic sensitized by comparative studies. The principal objective of this discussion is to
orient the class to a whole variety of factors which interact in the 'making' of a drug
addict.
4.1 Analysis of the background, text and operation of the Single Convention
on Narcotic Drugs, L961,1972.
5.3 The Penal Provisions (under ttre IPC and the Customs Act).
6.4 Bail.
6.5 The problem of differential application of the legal Regimes especially in
relation to the resourceless.
Select Bibliography
. H.S. Becker, Outsiders: Th.e studies in socrologg of Deuiance (1966I
o J.A.Incard, C.D. Chambers, (eds.), Drugs and t\e Criminal Justice System (1974).
. R.Cocken, Drug Abuse and Personalitg in Young Offenders (1971).
. G.Edwards Busch, (ed.), Drug Problems in Britain: A Reuieu of TenYears (198i)-
o P.Kondanram and Y.N. Murthg, "Drug, Abuse and Crime: A preliminary Studg"-
. 7 Indian Journal of Criminologg, 65-68 (1979).
. pR.Rajagopal, Violence and Response: A Citique of the Indian Criminal Sgstem,
(1eBB).
o United. Nation's Economic and Social Reports of the Commission on Narcotic
Drugs, United Nations'
. Social Defence, Research Institute (UNSDRI), Combating D*g, Abuse and Related
Crimes (Rome, Julg 1984, Publication No.21)-
. Lok Sabha and. Rajga Sabha Debates on 7986 Bill on Psgchotropic Substances.
THIRD SEMESTER
PAPER: XI - CYBER FORENSICS - PPF
Unit-I-INTRODUCTION
FOURTH SEMESTER
PAPER XII: COMPARATTVT CRIMINAL PROCEDURE.PPG
Objectives of the course:
Syllabus
1. Organisation of Courts and Prosecution Agencies.
1. 1 Hierarchy of Criminal Courts and their jurisdiction.
1.1.1 Nyaya Panchayats in India.
1. 1. 1. 1 Panchayats in Tribal Areas.
I.2 Organization of Prosecuting Agencies for Prosecuting
Criminals.
I.2.I Prosecutors and the Police
1.3 Withdrawal of Prosecution.
2. Pre-Trial Procedures.
2.1 Arrest and Questioning of the Accused.
2.2 The Rights of the Accused.
2.3 The Evidentiary Value of Statements / Articles Seized I
Collected by the Police.
2.4 Right to Counsel.
2.5 Roles of the Prosecutor and the Judicial Officer in Investigation.
3. Trial Procedures.
3.1 The Accusatory System of trial and the Inquisitorial System.
3.2 Role of the Judge, the Prosecutor and Defence Attorney in the
trial.
3.3 Admissibility and Inadmissibility of evidence.
3.3.1 Expert Evidence.
3.4 Appeal of the Court in Awarding Appropriate Punishment.
3.5 Plea Bargaining.
4. Correction and Aftercare Services'
4.llnstitutionalCorrectionoftheoffenders.
4.2 General comparison - After-care Services in India and France'
in India'
4.3 The role of the Court in Correctional Programmes
Select BibliograPhY
* Celia Hamptom, Criminal Procedure'
WitkinsandCross,outlineoftheLauofEuidence.
* Archbold., plead.ing, Euidence and Practice in Criminal
Cases'