Curriculum for Training of District Judge Cadre Approved by Patna High Court for BJA

Curriculum for Training

of

District Judge Cadre

(Including District & Sessions Judges, Principal Judges and Additional District & Sessions Judges)

(Approved by Full Court of Hon’ble Patna High Court)

Bihar Judicial Academy

Gaighat, Gulzarbagh, Patna-7

SYLLABUS

1 Details of Training Programme/Courses for District & Sessions Judge  Cadre

2 Details of numbers of Training Programme/Courses for District  &  Sessions Judge Cadre

3 Precise Curriculum for 04 Days “Orientation” & Two Days ”  Refresher” Course of District Judge Cadre.

4 Detailed Curriculum of District Judge Cadre.

(a) Civil Law & Procedure

(b) Criminal Law & Procedure

(c) Subjects Related to Principal Judge/Addl. Principal Judge (Family Court)

(d) Judicial Administration and Court Management

---

	S.N.	Target Group	Type of Course	Course Title					No. of
									Days
				Judicial Administration ,
				Court Management,
		District &		Disciplinary proceedings					02
	1.		Special Training	& Topics related to
		Sessions Judges
				Criminal Law, Financial
					Rule. etc
				The commercial Courts,
		District &		Commercial Division &
	2		Special Training	Commercial Appellate					01
		Sessions Judges
				Division of High Court
					Act, 2015
		Principal		Subjects related to Family
		Judges/Addl.		Court , Judicial					02
	3.	Principal	Special Training	Administration , Court
		Judges, Family		Management and Topics
		Courts		related to 125 Cr.P.C. etc
				Criminal & Civil Law
		Additional		Procedure, POCSO Act,
		District &	Orientation	J.J. Act, SC/ST Act, NDPS
	4.	Sessions Judges		Act, Claim cases under					04
			Programme
				MV Act,1988, Prevention
				of Corruption Act, 1988,
				Excise Act etc.
				Criminal & Civil Law
		Additional		Procedure, POCSO Act,
		District &	Refresher	J.J. Act, SC/ST Act, NDPS
	5.	Sessions Judges		Act, Claim cases under					02
			Programme
				MV Act,1988, Prevention
				of Corruption Act, 1988,
				Excise Act etc.
				Protection of Children
				from Sexual Offence Act,
	6.	ADJs – I	Special Training	2012 J.J. Act, SC/ST Act,					02
				NDPS Act, & other related
					Act.
				1.Core	knowledge			on
				Specialized		Act	relating
				to  Criminal		Laws,		the
		ADJs from Bar	Foundation Training	Code	of		Criminal
	7.	(depends on		Procedure,  1973,  Indian					40
		their joining)	Programme	Penal	Code,		1860,
				Information & Computer
				Technology & Evidence
				Act.

2.Core    knowledge    on Act    relating    to     Civil Laws  &  Code  of  Civil Procedure,     and     topic relating to that.

3.Judicial Management

4 Reflective & Integrated learning

Precise Curriculum for Four Days “Orientation Training Programme” and Two days Refresher Course for District & Sessions Judge Cadre.

	Course- Criminal Law & Procedure & Special Act
No.	Subject
1	Criminal Procedure Code, 1973-
2	Indian Evidence Act, 1872–
3.	Indian Penal Code, 1860-
4.	POCSO Act, 2012 with Rules
5.	N.D.P.S. Act, 1985
6.	Drugs and Cosmetics Act, 1940
7.	Prevention of Corruption Act, 1988
8.	Bihar Special Courts Act, 2009
9.	S.C. & S.T. (Prevention of Atrocities ) Act, 1989
10.	E. C. Act
11.	Sexual Harassment at Workplace (Prevention, Prohibition and Redressal)
	Act, 1013
12.	General Topics-  Stress  management,  Judicial  Ethics  and  Code  of  Conduct  for
	Judges, Case Flow Management & Timely Justice etc.
13.	Juvenile Justice Act.
14.	Civil Procedure Code.

	Course- Civil Law & Procedure
No.	Subject
1	Civil Procedure Code, 1908-
2	Indian Evidence Act, 1872- Oral & Documentary Evidence, Registered Document
3.	Motor Vehicle Act, 1988
4.	Indian Succession Act, 1925-
5.	Limitation Act, 1963
6.	Specific Relief Act, 1963
7.	Contract Act
8.	Transfer of Property Act, 1882
9.	Laws related to Land Acquisition
10.	Hindu Succession Act, 1956
11.	Hindu Marriage Act, 1955
12.	Hindu Minority & Guardianship Act, 1956
13.	Hindu Adoption & Maintenance Act, 1956
14.	Muslim Law- Marriage, Divorce, Gift, Succession
15	The  commercial  Courts,  Commercial  Division  &  Commercial  Appellate
	Division of High Court Act, 2015
16.	Benami Transaction Act.
17.	Prevention of Money Laundering Act, 2002.

	Course for Principal Judge Family Court
No.	Subject
1	Void Marriage and Voidable Marriage,
2	Restitution of Conjugal Rights,
3.	Judicial Separation,
4.	Divorce
5.	Maintainable
6.	Custody of Child
7.	Injunction by Family Court
8.	Execution of Decree by Family Court
9.	Use of ADR Mechanism for settlement  of Matrimonial Disputes

	Course- Judicial Administration & Court Management
	for District Judge
No.	Subject
1	Establishment of Courts and Offices
2	Inspection of Subordinate Courts and offices
3.	Maintenance of Registers etc.
4.	Case Flow Management
5.	Appointment
6.	Office Administration
7.	Financial Rules
8.	Sexual Harassment at Work Place ( PP&R) Act
9.	Personality Development
10	Disciplinary Proceedings

Precise Curriculum for Foundation Training Programme of District & Sessions Judge (Entry Level) from Bar.

No.

Subject

1- Core knowledge on Specialized Act relating to Criminal Laws, the Code of Criminal Procedure, 1973, Indian Penal Code, 1860, Information & Computer Technology & Evidence Act.

 2- Core knowledge on Act relating to Civil Laws & Code of Civil Procedure, and topic relating to that.

3. Judicial Management

4. Reflective & Integrated learning

Detailed Curriculum for District & Sessions Judge Cadre Course- Civil Laws & Procedure

	1	Civil Procedure
		Code, 1908
			Res Sub-judice (Sec. 10)
			·	Essential Conditions
			·	Effect of Contravention of Sec. 10
			·	Stay of suit vs stay of probet when dispute is related to same
				property
			Res Judicata (Sec. 11)
			·	Essential conditions for res judicata
			·	Res judicata and Res sub judice
			·	Res judicata and Estoppel
			·	Res judicata and O. 2 R. 2(Suit to include the whole claim)
			·	Constructive Res Judicata
			·	Effect of waiver of plea of res judicata
			·	applicability of res judicata in execution cases
			Amendment of pleadings
			·	Leave to amend when granted?
			·	leave to amend when refused?
			·	stage of amendment
			·	Amendment in appeal
			·	Amendment after remand
			·	effect of amendment
			·	failure to amend
			·	amendment of Judgement, decree, order and stages
			Death of a party
			·	Consequence of death of a party to the suit
			·	Consequence of death of a party during pending appeal
			·	Substitution of legal representatives
			·	Transposition of a party
			·	Abatement/partial abatement of suit/ appeal
			·	Whether  an  appeal  will  abate  if  legal  representatives  of
				deceased are not brought on record?
			·	Effect of non-substitution of LRs in Cross-appeal
			·	Order 41 Rule 20 and Abatement- Can an appellate Court use
				power under Order 41 Rule 20 to brought the LR of deceased
				on record?
			·	Determination of question of legal representative
			·	Duty of pleader to communicate to court to death of party
			·	Procedure where no legal representative
			·	substitution relating to  cases arising out  under  Indian
				succession Act, 1925
			Injunction

• Temporary and Perpetual Injunction
• When Temporary Injunction can be granted
• When Temporary Injunction can be refused

• Whether a temporary injunction can be granted where there is no perpetual injunction sought

• whether injunction can be granted against person not party to the suit
• Ex-parte order of injunction
• Disobedience or breach of order of injunction

• Duration of Injunction

Receiver

• Appointment of receiver
• Whether a Court can appoint a receiver suo-moto?

• Whether a a receiver can be appointed on the petition of a person not party to the suit?

• Duration of receivership
• How a receiver can be removed?

Appeal

• Right to Appeal – a Statutory right
• Who may appeal

• Whether appeal by a person not party to the suit is permissible, If yes under what circumstance?

• Appeal against ex parte decree
• Appeal against consent decree

• Whether appeal against Final Decree can be filed when there is no appeal against Preliminary Decree?

• Dismissal and Restoration of appeal

• Whether an appeal can be dismissed on merit for appellant’s default?
• Ex-parte hearing in appeal
• Ex-parte decree in appeal- its re hearing

• Cross-objection & Cross-appeal; Cross-objection in appeal from Cross Suit/ Counter Claim

• Power of court under appellate jurisdiction
• Remand & partial remand of an appeal

• Additional Evidence during appeal. When fresh/additional Evidence is required and how it be collected at appellate stage?

• Appreciation of evidence at appellate stage

• Power u/s151 & O. 41 R. 33 C.P.C. of Court of appellate jurisdiction

• Stay& Status-quo by appellate Court

• Addition, substitution, transposition of the parties at appellate stage
• Abatement, withdrawal and abandonment of appeal
• compromise, use of sec. 89 at appellate Stage

• Whether Execution by appellate court is permissible, if yes under what circumstances?

	·	Whether  party  can  argue  beyond  the  grounds  available  in
		Memorandum of appeal
	·	Scope of Rejection, Return & Amendment of Memorandum of
		appeal
	·	Appeal from orders
	·	Limitation and condonation of delay
	·  Imposing cost at appellate stage
	·	Writing of Judgments and Orders in Appeal
	Review
	·	Power of the Court to review
	·	Grounds for Review
	·	To whom application can be made?
	·	Whether a second Review application can be filed?
	·	Sec. 151 and Review
	·	Appeal and Review
	·	Limitation
	Inherent Powers
2   Indian
Evidence Act,
1872
Evidence in	Oral & Documentary Evidence
Civil Cases	·	Oral evidence
	·	Evidentiary value
	·	Documentary evidence
	·	exclusion of oral evidence by documentary evidence
	·	Public  Document  and  Private  Document-  How  it  can  be
		proved?
	·	Primary Evidence
	·	Secondary Evidence- When admissible
		◦	Certified Copies
		◦	Photo/xerox copies
		◦   Copies compared with original
		◦   Whether coy of a coy is admissible in evidence
		◦   When the contents of a document can be proved by oral
			evidence?
	·	Whether Proof of document and proof of contents of documents
		are similar?(PL Valvi vs State of Maharastra AIR 1979 SC1949;
		State of MP vs Kumari Nivedita AIR1981 SC 2085, 2092
	·	How the contents of a document can be proved?
	·	Electronic Records- Admissibility of, and how it can be proved

Registered Document

• Whether registration proves due execution
• proof of execution of registered document

• Admissibility and Evidientary value of a document required to

		be registered but not registered
	·	Unstamped/insufficiently stamped document – admissibility
3	Motor Vehicle
	Act, 1988
	·	Role of Motor Accident Claims Tribunals
	·	Cognizance of Accident Information Report by MACT
	·	Inquiry to be Conducted by MACT
		·	Scope of Inquiry
		·	Nature of Inquiry
	·	Procedures of MACT
	·	Computation of Compensation
		·	Just Compensation
		·  Computation of Compensation in Death Cases
	·	Computation of Compensation in Injury Cases
	·	Protection of Award Amount
		·  Deposit of amount directly in banks
		·  Disbursement of award amount in phased manner
		·  Deposit of Award Amount and Interest
	·	Role and Liability of owner, driver and Insurance Company
	·	Liability  of  the  Insurance  Company  in  Respect  of  Pillion
		Rider/OccupantinTwo-wheeler/PrivateCar/gratuitous
		passenger in goods carrier
	·	How to apply Multiplier
	·	Compensation under Section 163-A and 166
	·	Substitution- When permissible
4	Indian
	Succession
	Act,1925
	Succession
	·	Concept
	·	Limitation in succession
	·	Substitution in succession
	·	Abatement
	·	Effect of creating 3rd party interest during pendency of case

Will

• Capacity of making will
• capacity of making will by deaf, dumb, blind and lunatic
• Effect of old age, illness, infirmity, drunkenness
• Will by a Mohamedan
• Will obtained by fraud, coercion, importunity etc
• Registration of will.
• Presumption and burden of proof
• Can a Will requiring attestation be proved without calling attesting witness

			·	Whether certified copy of a Will is admissible
			·	Un-probated Will- use of
			·	Revocation of will or codicil
			·	Rule of construction of will
			·	Misnomer or mis-description of object
			·	Rejection if erroneous  particulars in description of subjects
			·	When part of description may not be rejected as erroneous
			·	Extrinsic evidence in case of patent ambiguity
			·	Where words are capable of a twofold construction which of
				two possible construction preferred
			·	Effect of death of A when bequest to A for the benefit of B
			·	Bequest to person not in existence at testator’s death
			·	Rule against perpetuity
			Grant of Probet and Letter of Administration
			·	Probet and letter of administration- when can be granted
			·	Revocation of probet
			·	Jurisdiction and power of District Judge
			·	Limitation  for  filling  application  for  probet  and  letter  of
				administration
			·	Question of title regarding subject of will
			·	whether probet can be granted on mere consent
			·	effect of creating 3rd party interest during pendency of case
	5	Limitation  Act,
		1963
			·	“Period of limitation” and “Prescribed Period”
			·	Bar of Limitation
				·  Consent /Agreement of parties to extend the period
					of limitation
				·  Consent decree for time- barred debt
				·  Duty of Court when no plea of limitation taken in
					defense
				·  Non-consideration  of  issue  of  limitation  by  trial
					court
				·  Limitation bars claim but not the right
				·  Admitting time barred appeal subject to objection
				·  Set-off and counter claim shall be treated as cross-
					suit
				·  Res-judicata and limitation
			·	Extention of prescribed period
				·  Only for appeal or application
				·  Not for an application under Order 21 of CPC
				·	Not for suits
				·  Condonation of delay in filling appeal- when can be
					made, when not
				·	Condonation  of  delay  in  filling  appeal  without
					hearing the respondent

			·  Delay in filling cross objection
			·  Each day’s delay should be explained
			·  Sufficient cause for delay- how to be determined
			·  Condonation of delay in filling- when to be granted,
			when not
		·	Continuous running of time
		·	Computation of period
			·  Exclusion of time in legal proceeding
			·  Exclusion of time in case when leave to sue  as a
			pauper is applied for
			·  Exclusion of time of proceeding bonafide in court
			without jurisdiction
		·	Acknowledgement of right or liabilities in writing
		·	Effect of substitution of new plaintiff or defendant
6	Specific Relief	Scope, ambit & latest amendments.
	Act, 1963	·	When a suit for recovery of specific immovable property can be
			brought ? Against whom such suit may lie ? What is limitation
			for it ? [(1975) 4 SCC 518]
		·	What is adverse possession ? What is test for proof of adverse
			possession ? ( Study of case laws)
		·	A comparative study of S. 6, TP Act & S. 145, Cr.P.C.
		·	What is remedy to an unsuccessful person in a suit u/s 6 ?
		·	When a suit for recovery of specific movable property may be
			brought ? (S. 7)
		·	When a suit  for  specific performance of contract or  part of
			contract may arise ? When it is enforceable ?
		·	When a suit for specific performance of re conveyance may lie
			?
		·	Whether title may be decided in a suit for specific performance
			?
		·	What are the rights of purchaser or lesee against person with no
			title or imperfect title ?
		·	What is doctrine of frustration ? (AIR 1975 SC 261)
		·	What are the contracts which may not be enforceable ?
		·	Who is entitled for specific performance ?
		·	What is significance of “readiness & willingness” in a suit for
			specific performance of contract ?
		·	What  are the discretion available to the courts in a suit  for
			specific performance ? How it could be exercised ?
		·	When  a  suit  for  rectification  of  instrument/  recission  of
			contract/ cancellation of instrument may lie ? What are different
			perspectives in such suits & role of Courts ?
		·	When a declaratory decree’ may be passed by the Court ?What
			is its impact ?
		·	Provisions of “Injunction” (S. 36-42).
8	Transfer of	Scope & ambit of the Act.

	Property Act,	·	Transfer  of  property  in  respect  of  movable  &  immovable
	1882	·	properties
			Who is competent to transfer ?
		·	In whose favor transfer may be done ?
		·	What are modes of transfer ?
		·	What is rule against perpetuity?
		·	What is rule of election ?
		·	What is ‘part performance’ ?
		·	What is ‘sale’ ? How sale is made ?
		·	What is contract for sale ? How a suit of contract for sale may
			be dealt with ?
		·	What is ‘mortgage’ ? What are its kinds ? How it is redeemed ?
		·	What is ‘foreclosure or sale’ ?
		·	What kinds of cases come before a civil court and how to deal
			with them ?
		·	What is lease ? How it may be done?
9	Hindu	·	Hindu Law Amendment Act 2005- effect on the status of  a
	Succession Act,	·	Woman in a Hindu family
	1956		Succession under Hindu Succession Act
10	Hindu	·	Marriage,  restitution  of  conjugal  rights,  judicial  separation,
	Marriage Act,		divorce and maintenance
	1955
11.	Hindu	·	Adoption under Hindu Adoption & Maintenance Act
	Adoption &	·	whether a woman is capable to adopt a child in the life time of
	Maintenance		his husband?
		·	Maintenance under the Act
	Act, 1956
12.	Muslim Law	·	Marriage
		·	Divorce
		·	Inheritance
		·	Gift
		·	Partition under  Muslim law
		·	Maintenance
		·	whether there is adoption child under Muslim Law
		·	What is acknowledgement under Muslim Law
13.	Indian	·	What is “agreement”?
	Contract	·	Void/voidable agreement
	Act,1872	·	What is “contract”?
		·	Privity of contract
		·	Contingent contract
		·	Condition for a valid contract
		·	Who are competent to contract
		·	Contract by a minor
		·	Performance of contract
		·	Breach of contract
		·	Consequences of breach of contract

		·	Compensation for breach of contract
14.	Sale of Goods	·	Sale and agreement to sale
	Act,1930	·	Condition and warranty
		·	Formation, effects and performance of the contract
		·	Concept of Caveat emptor
15	Benami	·
	Transaction Act
16	The commercial	·
	Courts,
	Commercial
	Division &
	Commercial
	Appellate Division
	of High Court Act,
	2015

Criminal Law & Procedure

1	Criminal
	Procedure
	Code,1973
	Investigation by Police
	·	Information to police as to cognizable cases
	·	Role of Police as to non- cognizable case
	·	Procedure for investigating a cognizable offence
	·	Examination of witness by Police
	·	Maintenance of diary of investigation proceedings
	·	Procedure to be followed on completion of investigation
	·	Further investigation
	Arrest, Search and Seizure and Production of Materials
	·	Arrest without warrant
	·	Duty of Police at the time of arrest
	·	Rights of arrested person(DD Basu Case)
	·	Provisions related to Search and Seizure and Production of
		Materials
	Local Jurisdiction of Courts
	·	Basic rule regarding inquiry and trial
	·	Offence triable where act is done or consequences ensued
	·	Place of trial where act is offence by reason of relation to
		other offence
	·	Place of trial in case of certain offences
	·	offences committed by letter etc.
	·	Offence committed on journey or voyage
	·	Place of trial for offences triable together
	Criminal Proceedings bared by limitation
	·	Basic rules regarding limitation
	·	Commencement of the period of limitation
	·	Exclusion of time
	·	Extension of period of limitation
	·  Inapplicability of limitation in Economic Offences

Framing of Charge

• Form and contents of Charge- Its Importance
• Amendment, Addition and Alteration of Charge during trial
• Joinder of charges
• Separate Charges for distinct offences and its exceptions

 

• Conviction of an offence not charged when such offence is included in offence charged

• When a Charge can be framed- more specific in Sessions Cases and warrant Cases
• Discharge under Sec. 227

• Effect of omission to frame, or absence of, or error in charge (sec. 464)

Principles of Bail, Anticipatory bail and Cancellation of Bail

• Discretion in granting bail– how to be exercised

• Bail in case of offence punishable with death or imprisonment for life
• Bail to habitual offender or person previously convicted
• Bail to approver

• Cancellation of bail during investigation and during trial-conditions

• Interim Bail,Conditional Bail and Provisional Bail
• Bail in case of appeal against conviction
• Power of appellate Court to grant bail

• Maximum period for which an under trial prisoner can be detained (Sec. 436A)

• Release of appellant on bail

• Suspension of sentence pending the appeal (With judgement of DB of Patna High Court)
• Parole

Anticipatory Bail

• When can be granted and for which period

• Wide discretion in granting anticipatory bail
• Anticipatory bail with condition

• Ordinarily no “blanket order” of anticipatory bail- its exceptions

• Cancellation of anticipatory (Punjab Vs Ravinder Singh AIR 2008 SC609)

Criminal Appeal

• Power of court under appellate jurisdiction
• Right to appeal
• No appeal in petty cases

 

• No appeal when accused is convicted on his plea of guilty

Dismissal of Appeal

• Reasonable opportunity to appellant of being heard
• Non-appearance of appellant

• Whether Appeal can be dismissed on the ground of non-appearance?

• Whether criminal appellate court subordinate to High Court have jurisdiction to dismiss criminal appeal for default then restore the same are not ?

• Whether appellate Court has power to allow with drawl of appeal

• Appellate Court may take further evidence or direct it to be taken

• Abatement of appeal
• Passing of sentence in appeal

Revision

• What kind of order may be passed
• Power of the Court
• Concurrent Jurisdiction
• Suo moto exercise of power
• Grounds for revision
• Revision against acquittal

Sentence

• Judicial Discretion in sentencing

• Death Sentence, Submission of Death Sentence for Confirmation
• Situations of Rarest of the Rare Cases

Compensation to Victim (Under Sec. 357-A Cr.P.C & other Acts)

(With Bihar Victim Compensation Scheme, 2014)

Disposal of Property ( Sec. 451 to Sec. 459)

• During Pendency of trial

• After conclusion of trial

Probation (Sec. 360 of Cr.P.C. and Sec. 3 to 6 of Probation of Offenders Act, 1958)

• Sentencing a sensitive exercise of jurisdiction

• Probation can not be claimed as of right

• Considerations

• Indian Evidence Act, 1872

Evidence in	Approach to Evidence (Appreciation) Competency of a
Criminal Cases	witness
	·	Quantum of Evidence
	·	Credibility of a witness
	·	Criteria for assessing eye witness
	·	Evidence of victim of rape
	·	Witness interested and relationship
	·	Witness part of whose story is found false
	·	Minor and major contradictions
	·	When omission amounts to contadiction
	·	How to prove the statement u/s 161 for the purpose of
		contradiction (Tahsildar singh Case)
	·	Evidence of accomplice
	·	Evidence of approver
	·	Chance Witness
	·	Child witness
	·	Circumstantial evidence
	·	Hearsay evidence- its admissibility and  exceptions
	·	Non production of some material evidence
	·	Assessment of evidence by Appellate Court
	·	Tendering of witness
	·	Hostile witness- use
	·	Appreciation of cross examination
	·	Defence Witness
		◦   Injuries to the accused
		◦   Plea of Alibi
	·	Statement of accused under section 313 Cr.P.C.- its utility

Admission & Confession-

• confession: What is?

• Admissibility in Evidence (Cases of Pakal Nr. Swami; Palvindar Kaur ; A. Nagesia)
• judicial Confession

• Extra Judicial Confession– Its admissibility (Mulk Raj vs State of UP AIR 1959 SC902)

• Whether Extra Judicial Confession can form basis of conviction?

• Admission
• Admission other than Confession & its admissibility

• Whether an admission can be used in part? (Hanumant Vs M.P. 1953 CriLJ 129 SC; Karnail singh Vs Punjab 1954

CriLJ 580 SC; A. Nagesia Vs Bihar AIR 1966 SC119; Nisi kant Vs Bihar AIR 1969 SC422; Bhagwan Singh Vs State of Haryana AIR 1969 SC 1797)

• Confession before police- admissibility

• Whether a confessional statement not intended to be made to a police officer is admissible? ( Yusufalli vs State of Maharastra AIR 1968 SC147; Mt. Maharani vs Emperor 48 CriLJ 939 Allahabad.)

• Confession in letter addressed to Police (Sita Ram Vs State of UP AIR 166 Sc 1906)

• Statement of accused in different circumstances- Law summarised in State of UP vs Deoman Upadhyay AIR 1960 SC 1125)

• Restrictions on use of confession
• Statement leading to Discovery of a Fact

• Confessional statement to Magistrate under 164 CrPC-whether examination of Magistrate is necessary to prove the confession ? (Nazir Ahmad, Kashmira Singh vs State of MP 1952 CriLJ 839 SC; Madi Ganga vs State of Orrisa AIR 1981 SC1165)

• Confession of a co-accused

FIR and Investigation by Police

• Evidentiary Value of FIR
• Whether contents of FIR forms substantive evidence
• Effect of omission of Important Details
• Delay in lodging FIR
• Not mentioning name of a witness in FIR
• Test Identification Pared
• Delay in TIP

• Defence complaint of accused being shown to witnesses before TIP

• Identification in Court for the first time
• Refusal by the accused to join TIP
• Investigation by Police Officer who Lodged FIR

• recording statement of witness by magistrate during investigation

• witness not examined by I.O.
• Case Diary- Use and Sec. 27
• Error, Illegality and Defect in Investigation
• Examination of I.O. – Necessity & relevancy

Dying declaration

• What is Dying Declaration ( statement about cause of his death or as to circumstance of the transaction which

22 | P a g e

 

resulted in his death)

• Its Evidenciary Value

• Statement of any circumstance connected with death is admissible

• Dying declaration can form basis of conviction
• Corroboration when necessary
• Survival of the Person made statement

Evidence of Experts

• Competency of the Expert
• Opinion when relevant
• Opinion not conclusive
• When two experts differ
• Basis of evidence of expert to be established

Finger prints

• How to prove
• Nature of the evidence
• Classification
• Patterns
• Number of similarities required to be established
• Evidetiary value
• Footprint

Hand writing

• How to prove hand writing and signature
• Method of comparison
• Expert to indicate points of similarities and dissimilarities
• prudence and caution required taking assistance of expert

• opinion of hand writing expert needs corroboration
• Role of Judge

Medical Evidence

• Evidence of Doctor may be of facts as of opinion
• Record of medical examination

• Correct way of taking evidence of a Doctor indicated by the Supreme Court
• Use of medical evidence
• Approach in case of inconsistency with other evidence

• Direct evidence cannot be thrown out unless totally ruled out by medical evidence

• Quality of evidence of a Doctor is to be assessed like any other evidence

• Post-mortem report– who it can be proved and When its content can be read in evidence

 

• Role of chemical examiner- only analyses material sent him, cannot give opinion about cause of death

Circumstantial Evidence

• Proof by circumstantial evidence when direct evidence is not available

• Elimination of alternative possibilities

• Requirements for basing conviction on circumstantial evidence

• Complete chain

		Burden of Proof and Presumptions
		·	By whom and in what manner evidence may be produced
		·	Burden of proof and onus of proof
		·	Presumptions- how to discharge
			◦	Presumption of facts
			◦	Presumption of law
				– rebuttable presumption
				– conclusive proof
		Electronic Evidence
		·	Admissibility
		·	How it can be proved
		New investigation strategies and evidence
		·	Narco Analysis, DNA Finger Printing, Brain Mapping, Voice
			Test etc
3	Indian Penal
	Code, 1860
	Specially Sessions Constructive and Joint Liability
	Triable Offences	·	Principle under Sec.34 and 149 of IPC as a rule of evidence
		·	Participation in crime
		·	Same intention, Similar intention and common intention
		·	Whether an accused charged for an offence r/w S. 149 IPC
			can be convicted by aid of S. 34IPC?(Karnail Singh  vs State
			of  Punjab  AIR  154SC  204;  B.N.  Srikantiah  vs  State  of
			Maysore AIR 1958SC 672)
		·	Common Intention and Common Object- Distinction

Abatement & Criminal Conspiracy

24 | P a g e

 

• What is abatement ? What acts amount to ‘abatement’ ?
• What may be different perspectives of offence of abatement ?
• When an abettor may be held liable ?

• What is criminal conspiracy ? What are its essential ingredients ?

Principles Governing Doctrine of Just Sentencing and Rights of Victim- Changing Concept of Criminal Jurisprudence (A detailed discussion with reference to Criminal Amendment Acts of 2008 & 2013, POCSO Act, 2013 and other Acts

)

General Exceptions

Exceptions to Criminal Liability- reason behind

Right of Private Defence – When available?

Extent of right of Private Defence

When the of right of Private Defence of the body extends to causing death?

When the of right of Private Defence of property extends to causing death?

Acts against which there is no private defence

Homicide

• Meaning and Scope of homicide, justifiable homicide , excusable homicide and unlawful homicide
• Culpable homicide – meaning, essential and mental element

• Causing death and its different facets

• Section 300, its Scope, culpable homicide and murder-distinction
• Exceptions to murder

Rape

1. Extent and Scope of Law of Rape, Mens rea in rape
2. Marital rape, custodial rape and concept of abuse of trust

3. Distinction between against her will and without her consent, consent by unlawful means, consent and submission, consent of minor

4. Effect of reasonable belief that victim is major

5. Burden of  proof,  presumption  of  absence  of  consent, corroboration to the testimony of the complainant, circumstantial evidence, medical evidence etc.

6. Punishment, mitigating circumstances and interest of public

7. Presumption- when arises
8. Attempt to commit rape vis-a-vis indecent assault u/s 354 IPC

 

			9.	Attempt  to  commit  rape  when  amount  to  preparation  to
				commit rape?
			10. Compensation and rehabilitation of victim of rape.
			Kidnapping and Abduction
			Dacoity
			Mischief
			House Trespass
			Counterfeiting Currency Notes or  Bank Notes(Sec. 489A
			to 489D)
			Attempt
	4	POCSO Act, 2012
		with Rules
			Protection of Children from Sexual Offence
			·	Why a separate law on Child Sexual Abuse?
			·	Key Features
			·	Who can Complain?
			·	Against whom can a complaint be filed?
			·	Who is a Child?
			·	What is Child Sexual Abuse?
			·	Kinds of Child Sexual Abuse
			·	Presumptions
			·	Punishment for sexual Offence
			·	Special Courts and Special Procedures under the Act
			·	The Burden of proof
			·	Alternative Punishment
			·	Trial of offence when victim and accused both are juvenile
			·	Order for Compensation and rehabilitation of victim child
	5	N.D.P.S. Act, 1985
			·	Prohibition of certain operations regarding NDPS
			·	Search, seizure, testing and sealing- how, when and where?
			·	Presumption of culpable mental status etc. under NDPS
			·	Bail and Anticipatory Bail  under NDPS Act
			·	Disposal of seized narcotics before conclusion of trial- its
				necessity and Procedures
			·	NDPS Act & drug & Cosmetics Act – Their exclusivity and overlapping

 

6	Drugs and
	Cosmetics Act,
	1940
	·  Standard quality, Misbrand, Adulteration and Spurious Drugs
		and Cosmetics
	·	Penal provisions, Procedure
	·	Compounding of offence
	·  Bail and anticipatory Bail

7	Prevention of
	Corruption Act,
	1988
	·	Offences & penalties
	·	Sanction for prosecution
	·  Procedure & Power of Special Judge
	·	Presumptions

8		Bihar Special
		Courts Act, 2009
		·  Jurisdiction of Special Court under the Act
		·  Procedures & power of the Special court
		·	Confiscation of Property
9		S.C. & S.T.
		(Prevention of
		Atrocities ) Act,
		1989
		·	Definition of Atrocities
		·  Cognizance and Trial of cases under the Act
		·  Principles applied for adjudication
		·  Presumption to an offence
		·	Punishment
		·	Externment
		·  Bail and Anticipatory Bail
10		Essential
		Commodities Act
		·  Essential commodities- means and it includes what kind of
			things
		·  Confiscation of essential commodities
		·  modes and procedure for confiscation & seizure

 

• appeals and bar on jurisdiction

• cognizance, procedure , presumption, burden of proof and penalties.

• Sexual Harassment at Workplace (Prevention, Prohibition and Redressal)Act, 2013

• Sexual Harassment – Definition
• Workplace
• Process for Complaint & inquiry

• Internal Complaint Committee & Local Complaint committee

• Interim Relief
• Duties of Employer

12    General topics

Judicial Ethics and Code of Conduct for Judges

Stress Management

Time management and Management of Personal Affairs

Case Flow Management & Timely Justice (with special reference to

Bihar Civil Courts Case Flow Management Rules, 2008)

Being a Judge & Public servant – role, responsibility & accountability

 Detailed Curriculum for Principal Judge/Addl. Principal Judge, Family Court

	Subjects Related to
	Family Court
1		·	Role of Principal Judge under family Courts Act, 1984
			and Family Courts Rules of Patna High Courts
		·	Jurisdiction of Principal Judge
	Marriage	Void Marriage and Voidable Marriage- under different Personal
		Laws
		·	Whether legitimacy of a child of a void marriage can be
			considered in a proceeding under section 11 of H M Act
		Restitution of Conjugal Rights under Sec.9 of Hindu Marriage
		Act
		·	whether	a petition for restitution of conjugal rights can be
			converted into a petition petition for divorce u/s 13?
		·	Whether a decree under this section will debar the other party
			to file a petition for divorce?
		·	Execution of decree of Restitution of Conjugal Rights
		·	Limitation
		Restitution of Conjugal Rights under other Personal Laws
2	Judicial Separation	Judicial Separation
		·	legal Status of the spouse after judicial separation
		·	Difference between judicial separation and divorce
3	Divorce	Divorce– Under Hindu, Muslim and Other Personal Laws
4	Maintenance	Maintenance
		·	Permanent Alimony, maintenance, Interim Maintenance and
			Conditional order for Maintenance
		·	Proceedings under Sec. 125 Cr.P.C. and Family Court Act,
			1984
		·	Maintenance u/s 125 Cr.P.C.
		·	Sec. 125 Cr.P.C. and Hindu Adoption and Maintenance Act,
			1956
		·	Sec. 125 Cr.P.C. and Hindu Marriage Act, 1956
		·	Maintenance of Muslim Woman (with Spacial study of Shah
			Bano Case, Danial Latifi Case and Muslim Woman (
			Protection of Rights on Divorce) Act, 1986)
		·	Whether wife’s right to maintenance is absolute?
		·	Whether a husband can file a petition under HM Act for
			maintenance pendnte lite and expenses of proceeding against
			his wife?
		·	Whether a husband can claim under HM Act for permanent
			alimony and maintenance against his wife?
		·	Maintenance in case of –
			·	Void Marriage

8

Voidable Marriage

Live in relation

Employed wife

Incapability of husband to earn

Validity of marriage for maintenance

Proof of marriage- extent

Sentencing in case of default to pay maintenance- procedure and quantum

Custody of Child

Injunction by Family Court

Execution of Decree by Family Court

Use of ADR Mechanism for settlement of Matrimonial Disputes

 Detailed Curriculum of District & Sessions Judge/Principal Judges for Judicial Administration and Court Management

	1	Establishment of
		Courts and Offices
			Functioning of –
			·	Accounts
			·	Nazarat
			·	Library
			·	Copying Department
			·	Record room
	2	Inspection of
		Subordinate Courts
		and offices
			·	Working of Establishment
			·	Working of Presiding Officer with regards to ability, temper,
				discretion, punctuality, out-turn of judicial work and
				pendency
	3	Maintenance of
		Registers etc.
			·	Maintenance of Registers, Periodical returns and statements,
				annual returns and statements
	4	Case Flow
		Management
			·	Mechanism to reduce backlog of cases
			·	Implementation of Bihar Civil Courts Case Flow
				Management Rules, 2008
			·	Use of ADR Mechanism to reduce back of cases
			·	Equal distribution of cases by transfer from one Court to
				other Courts of equal jurisdiction
	5	Appointment
			·	Rules regarding regular/permanent appointment
			·	Rules regarding	appointment on contract basis
			·	Rules regarding	appointment on daily wases
			·	Reservation rules
			·	Roaster
	6	Office
		Administration
			·	Disciplinary action

		·	Departmental Enquiry
		·	Writing of Confidential Report
		·	Sanction of Leave
		·	Sanction/reimbursement  of allowances like TA, LTC, HTC,
			Medical etc.
		·	Cost to witness
7	Bihar Financial
	Rules
		·	Rules regarding purchases of goods
		·	Purchases committee- its power and role
		·	Stoking of goods
		·	other relevant provisions
		·	Rules regarding Sanction of Loan from GPF
		·	The Bihar Finance (Amendment) Rules, 2005
8	Other topics
		Budget
		·	Preparation of Budget
		·	Provision of funds in budget for future developments
9	Sexual Harassment
	at Work Place (
	PP&R) Act
		·	Sexual Harassment – Definition
		·	Workplace
		·	Process for Complaint & inquiry
		·	Internal Complaint Committee & Local Complaint
			committee
		·	Interim Relief
		·	Duties of Employer
10	Personality
	Development
		·	Leadership
		·	Communication Skill
		·	Etiquettes
		·	Stress Management and Management of interpersonal
			conflicts

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