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Collective Violence and Criminal Justice System
Official Notes munotes.in
Collective Violence and Criminal Justice System
LL.M. · SEMESTER 2
Strictly as per the University of Mumbai LL.M. syllabus in force
For LL.M. students of the University of Mumbai and all its affiliated law colleges
munotes.in
Collective Violence and Criminal Justice System
Copyright © 2026 munotes.in. All rights reserved.
Written and first published by munotes.in, 2026.
This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.
Licensing and permissions: contact@munotes.in
The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.
munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.
Contents
Module I
- What This Paper Is About 1
- The Criminal Justice System: Its Four Parts 6
- Why a Crowd Defeats a Criminal Law Built for One Person 10
- Force: The Ordinary Word and the Legal One 14
- Criminal Force and Assault 19
- The State's Monopoly of Legitimate Force 22
- Coercion: Section 15 of the Contract Act 26
- Coercion, Duress and Undue Influence Distinguished 30
- Violence: The Word the Syllabus Does Not Define 34
- Direct, Structural and Cultural Violence 38
- Symbolic Violence 42
- Institutionalised Violence 45
- Structural Violence in India, Measured 49
- What Makes Violence Collective 53
- A Typology: Riot, Pogrom, Massacre, Lynching, Genocide, Terrorism, Insurgency 56
- Common Intention and Common Object 60
- Unlawful Assembly: The Five Common Objects 64
- Rioting, and the Offences Around It 68
- Affray, and How It Differs from Rioting 72
- Promoting Enmity Between Groups 75
Contents continued
Module I continued
- Mob Lynching, Named at Last 79
- Destruction of Public Property 83
- Dispersing an Unlawful Assembly: The Graduated Powers 87
- Prohibitory and Preventive Orders 92
- Private Defence, and the State's Use of Force 97
- Article 19 and the Freedoms Collective Action Is Made Of 102
- Processions, and the Right to Assemble 107
- Ahimsa in the Indian Traditions 112
- Gandhi's Ahimsa, and Satyagraha 117
- Ambedkar's Objection, Which a Serious Answer Must Face 121
- The Revolutionary Tradition in the Freedom Struggle 125
- Sedition: From Tilak to Kedar Nath to the 2022 Abeyance 129
- Section 152: What Replaced Sedition 135
- The State's Approach: Preventive Detention 139
- The State's Approach: The Special Criminal Statute 144
- The Armed Forces and Internal Violence 152
- The Maoist Approach, and the State's Answer to It 157
- Upendra Baxi's Frame: Dissent, Development and Violence 162
- The Human Rights Approach 166
Contents continued
Module I continued
- Is Ahimsa Relevant Today? 171
Module II
- What Agrarian Violence Is 175
- The Agrarian Structure the Violence Grows Out Of 179
- The Colonial Land Settlements 183
- Phase One: Resistance to the New Revenue State 187
- Phase Two: The Tribal Risings 190
- Phase Three: Commercial Agriculture, Debt and Tenancy 194
- The Peasant in the National Movement 198
- The Telangana Armed Struggle 202
- Tebhaga, and the Sharecropper 206
- Naxalbari, and What Followed It 209
- The Bihar Massacres 213
- Arwal, and the Tribunal That Reported On It 217
- The Private Caste Army 221
- Repression: The Police Response to Agrarian Conflict 225
- Repression: The Encounter 230
- Repression: Arming Civilians, and Why the Court Stopped It 235
- Land Reform: Abolition of Intermediaries 240
Contents continued
Module II continued
- Land Reform: Ceilings on Holdings 244
- Land Reform: Tenancy Security 248
- Why Land Reform Failed, and What Followed 252
- Bonded Labour: The System and the Act 256
- Bonded Labour Before the Courts 261
- The Agricultural Labourer and the Minimum Wage 265
- The Forest, the Tribe, and the Forest Rights Act 269
- The Fifth Schedule and PESA 274
- Tribal Land Alienation Before the Courts 279
- Development Displacement as Agrarian Violence 285
- The Green Revolution and Its Consequences 289
- Farmer Suicide as Agrarian Violence 293
- The Farm Laws Protest 297
- What the Criminal Justice System Does With Agrarian Violence 301
- Commissions of Inquiry Into Agrarian Violence 305
- Objective and Causative Factors of Collective Agrarian Violence 309
- What the Law Can and Cannot Do Here 313
Contents continued
Module III
- Who the Weaker Sections Are, and Who Decides 317
- The Constitutional Vocabulary of Protection 321
- Violence Against Women: The Scale, Counted 325
- Rape: The Offence, and How Its Definition Changed 329
- Mathura, and the Amendment It Forced 333
- Consent, and the Presumption in Custodial Rape 338
- The Two-Finger Test, and Its End 342
- The 2013 Amendment, and the Committee Behind It 346
- The Marital Rape Exception 350
- The Trial: Dignity, In Camera, and the Victim's Identity 354
- Sexual Harassment at the Workplace 359
- Domestic Violence: A Civil Answer to a Criminal Problem 364
- Dowry Death and Cruelty 369
- Honour Killing, and the Khap 374
- Acid Attack 379
- Trafficking and Prostitution 383
- Violence Against Children: The Scale, Counted 387
- The POCSO Scheme 391
- POCSO Before the Courts 396
Contents continued
Module III continued
- Child Labour 400
- Child Marriage 405
- The Child in Conflict With Law 410
- Corporal Punishment and Violence in Institutions 416
- Violence Against Persons With Disabilities 422
- Violence Against Transgender Persons 428
- Violence Against the Migrant and Unorganised Worker 435
- Custodial Violence: The Scale and the Law 441
- Custodial Death, and the Constitutional Remedy 447
- The Safeguards on Arrest, and How They Are Enforced 452
- Encounter Killings, and the Guidelines 460
- Institutionalised Violence: Causes and Remedies 466
- Compensation as a Remedy for Institutional Violence 471
- The Human Rights Commissions 477
- Intersecting Disadvantage, and Why One Axis Is Not Enough 482
- What Criminal Law Can and Cannot Do for the Weaker Sections 487
Module IV
- Caste: What It Is, and Why the Law Had to Name It 492
- Untouchability, and Article 17 496
Contents continued
Module IV continued
- The Protection of Civil Rights Act 1955 500
- Why a Second Act Was Needed 505
- The Notion of Atrocities 509
- The Offences in Section 3(1) 514
- The Aggravated Offences in Section 3(2) 519
- Neglect of Duty by a Public Servant 524
- The 2015 Amendment 528
- Special Courts, Exclusive Courts, and the Right to Appeal 532
- Rights of Victims and Witnesses 536
- Presumption, Forfeiture, Collective Fine and Externment 540
- The Bar on Anticipatory Bail, and the Challenge to It 545
- Kashinath Mahajan, the Protest, and the Review 549
- The 2018 Amendment and Section 18A 554
- In Public View, and the Limits of the Offence 558
- The Act in Practice: What the Figures Show 562
- Manual Scavenging as Caste Violence 566
- Social Boycott, and the Maharashtra Act 571
- Caste Inside the Prison 577
- Temple Entry, and the Freedom of Religion 581
Contents continued
Module IV continued
- Caste Amongst the Religious Communities 585
- Communalism: What It Is, and What It Is Not 589
- Communal Violence in Outline: The Pattern Since 1947 593
- Partition, and What It Left Behind 597
- The Anti-Sikh Violence of 1984 600
- The Bombay Riots of 1992-93 604
- The Srikrishna Commission 609
- Gujarat 2002, and the Criminal Justice Response 613
- Muzaffarnagar 2013 617
- Lynching, and the Directions in Poonawalla 621
- Hate Speech: The Offences 625
- Hate Speech and the Freedom of Speech 631
- Religious Places: The 1991 Act and the 1988 Act 635
- The Ram Mandir and Babri Masjid Issue 639
- Religion and Elections 643
- Commissions of Inquiry: The Act, and What a Commission Can Do 648
- The Findings of the Various Commissions of Inquiry 653
- The Communal Violence Bill That Never Became Law 657
- The Police and Communal Violence 661
Contents continued
Module IV continued
- The Union's Power When a State Cannot Keep Order 667
- Remedies for Collective Violence, and How Well They Work 671
Page 1 onwards
675 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
- Notes
- 2026 Edition, as per the latest syllabus. 675 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2023, 2025, 2026
Every chapter in the notes: 151 chapters across 4 modules
Module I 40 chapters
- 1 What This Paper Is About pages 1 to 5
- 2 The Criminal Justice System: Its Four Parts pages 6 to 9
- 3 Why a Crowd Defeats a Criminal Law Built for One Person pages 10 to 13
- 4 Force: The Ordinary Word and the Legal One pages 14 to 18
- 5 Criminal Force and Assault pages 19 to 21
- 6 The State's Monopoly of Legitimate Force pages 22 to 25
- 7 Coercion: Section 15 of the Contract Act pages 26 to 29
- 8 Coercion, Duress and Undue Influence Distinguished pages 30 to 33
- 9 Violence: The Word the Syllabus Does Not Define pages 34 to 37
- 10 Direct, Structural and Cultural Violence pages 38 to 41
- 11 Symbolic Violence pages 42 to 44
- 12 Institutionalised Violence pages 45 to 48
- 13 Structural Violence in India, Measured pages 49 to 52
- 14 What Makes Violence Collective pages 53 to 55
- 15 A Typology: Riot, Pogrom, Massacre, Lynching, Genocide, Terrorism, Insurgency pages 56 to 59
- 16 Common Intention and Common Object pages 60 to 63
- 17 Unlawful Assembly: The Five Common Objects pages 64 to 67
- 18 Rioting, and the Offences Around It pages 68 to 71
- 19 Affray, and How It Differs from Rioting pages 72 to 74
- 20 Promoting Enmity Between Groups pages 75 to 78
- 21 Mob Lynching, Named at Last pages 79 to 82
- 22 Destruction of Public Property pages 83 to 86
- 23 Dispersing an Unlawful Assembly: The Graduated Powers pages 87 to 91
- 24 Prohibitory and Preventive Orders pages 92 to 96
- 25 Private Defence, and the State's Use of Force pages 97 to 101
- 26 Article 19 and the Freedoms Collective Action Is Made Of pages 102 to 106
- 27 Processions, and the Right to Assemble pages 107 to 111
- 28 Ahimsa in the Indian Traditions pages 112 to 116
- 29 Gandhi's Ahimsa, and Satyagraha pages 117 to 120
- 30 Ambedkar's Objection, Which a Serious Answer Must Face pages 121 to 124
- 31 The Revolutionary Tradition in the Freedom Struggle pages 125 to 128
- 32 Sedition: From Tilak to Kedar Nath to the 2022 Abeyance pages 129 to 134
- 33 Section 152: What Replaced Sedition pages 135 to 138
- 34 The State's Approach: Preventive Detention pages 139 to 143
- 35 The State's Approach: The Special Criminal Statute pages 144 to 151
- 36 The Armed Forces and Internal Violence pages 152 to 156
- 37 The Maoist Approach, and the State's Answer to It pages 157 to 161
- 38 Upendra Baxi's Frame: Dissent, Development and Violence pages 162 to 165
- 39 The Human Rights Approach pages 166 to 170
- 40 Is Ahimsa Relevant Today? pages 171 to 174
Module II 34 chapters
- 41 What Agrarian Violence Is pages 175 to 178
- 42 The Agrarian Structure the Violence Grows Out Of pages 179 to 182
- 43 The Colonial Land Settlements pages 183 to 186
- 44 Phase One: Resistance to the New Revenue State pages 187 to 189
- 45 Phase Two: The Tribal Risings pages 190 to 193
- 46 Phase Three: Commercial Agriculture, Debt and Tenancy pages 194 to 197
- 47 The Peasant in the National Movement pages 198 to 201
- 48 The Telangana Armed Struggle pages 202 to 205
- 49 Tebhaga, and the Sharecropper pages 206 to 208
- 50 Naxalbari, and What Followed It pages 209 to 212
- 51 The Bihar Massacres pages 213 to 216
- 52 Arwal, and the Tribunal That Reported On It pages 217 to 220
- 53 The Private Caste Army pages 221 to 224
- 54 Repression: The Police Response to Agrarian Conflict pages 225 to 229
- 55 Repression: The Encounter pages 230 to 234
- 56 Repression: Arming Civilians, and Why the Court Stopped It pages 235 to 239
- 57 Land Reform: Abolition of Intermediaries pages 240 to 243
- 58 Land Reform: Ceilings on Holdings pages 244 to 247
- 59 Land Reform: Tenancy Security pages 248 to 251
- 60 Why Land Reform Failed, and What Followed pages 252 to 255
- 61 Bonded Labour: The System and the Act pages 256 to 260
- 62 Bonded Labour Before the Courts pages 261 to 264
- 63 The Agricultural Labourer and the Minimum Wage pages 265 to 268
- 64 The Forest, the Tribe, and the Forest Rights Act pages 269 to 273
- 65 The Fifth Schedule and PESA pages 274 to 278
- 66 Tribal Land Alienation Before the Courts pages 279 to 284
- 67 Development Displacement as Agrarian Violence pages 285 to 288
- 68 The Green Revolution and Its Consequences pages 289 to 292
- 69 Farmer Suicide as Agrarian Violence pages 293 to 296
- 70 The Farm Laws Protest pages 297 to 300
- 71 What the Criminal Justice System Does With Agrarian Violence pages 301 to 304
- 72 Commissions of Inquiry Into Agrarian Violence pages 305 to 308
- 73 Objective and Causative Factors of Collective Agrarian Violence pages 309 to 312
- 74 What the Law Can and Cannot Do Here pages 313 to 316
Module III 35 chapters
- 75 Who the Weaker Sections Are, and Who Decides pages 317 to 320
- 76 The Constitutional Vocabulary of Protection pages 321 to 324
- 77 Violence Against Women: The Scale, Counted pages 325 to 328
- 78 Rape: The Offence, and How Its Definition Changed pages 329 to 332
- 79 Mathura, and the Amendment It Forced pages 333 to 337
- 80 Consent, and the Presumption in Custodial Rape pages 338 to 341
- 81 The Two-Finger Test, and Its End pages 342 to 345
- 82 The 2013 Amendment, and the Committee Behind It pages 346 to 349
- 83 The Marital Rape Exception pages 350 to 353
- 84 The Trial: Dignity, In Camera, and the Victim's Identity pages 354 to 358
- 85 Sexual Harassment at the Workplace pages 359 to 363
- 86 Domestic Violence: A Civil Answer to a Criminal Problem pages 364 to 368
- 87 Dowry Death and Cruelty pages 369 to 373
- 88 Honour Killing, and the Khap pages 374 to 378
- 89 Acid Attack pages 379 to 382
- 90 Trafficking and Prostitution pages 383 to 386
- 91 Violence Against Children: The Scale, Counted pages 387 to 390
- 92 The POCSO Scheme pages 391 to 395
- 93 POCSO Before the Courts pages 396 to 399
- 94 Child Labour pages 400 to 404
- 95 Child Marriage pages 405 to 409
- 96 The Child in Conflict With Law pages 410 to 415
- 97 Corporal Punishment and Violence in Institutions pages 416 to 421
- 98 Violence Against Persons With Disabilities pages 422 to 427
- 99 Violence Against Transgender Persons pages 428 to 434
- 100 Violence Against the Migrant and Unorganised Worker pages 435 to 440
- 101 Custodial Violence: The Scale and the Law pages 441 to 446
- 102 Custodial Death, and the Constitutional Remedy pages 447 to 451
- 103 The Safeguards on Arrest, and How They Are Enforced pages 452 to 459
- 104 Encounter Killings, and the Guidelines pages 460 to 465
- 105 Institutionalised Violence: Causes and Remedies pages 466 to 470
- 106 Compensation as a Remedy for Institutional Violence pages 471 to 476
- 107 The Human Rights Commissions pages 477 to 481
- 108 Intersecting Disadvantage, and Why One Axis Is Not Enough pages 482 to 486
- 109 What Criminal Law Can and Cannot Do for the Weaker Sections pages 487 to 491
Module IV 42 chapters
- 110 Caste: What It Is, and Why the Law Had to Name It pages 492 to 495
- 111 Untouchability, and Article 17 pages 496 to 499
- 112 The Protection of Civil Rights Act 1955 pages 500 to 504
- 113 Why a Second Act Was Needed pages 505 to 508
- 114 The Notion of Atrocities pages 509 to 513
- 115 The Offences in Section 3(1) pages 514 to 518
- 116 The Aggravated Offences in Section 3(2) pages 519 to 523
- 117 Neglect of Duty by a Public Servant pages 524 to 527
- 118 The 2015 Amendment pages 528 to 531
- 119 Special Courts, Exclusive Courts, and the Right to Appeal pages 532 to 535
- 120 Rights of Victims and Witnesses pages 536 to 539
- 121 Presumption, Forfeiture, Collective Fine and Externment pages 540 to 544
- 122 The Bar on Anticipatory Bail, and the Challenge to It pages 545 to 548
- 123 Kashinath Mahajan, the Protest, and the Review pages 549 to 553
- 124 The 2018 Amendment and Section 18A pages 554 to 557
- 125 In Public View, and the Limits of the Offence pages 558 to 561
- 126 The Act in Practice: What the Figures Show pages 562 to 565
- 127 Manual Scavenging as Caste Violence pages 566 to 570
- 128 Social Boycott, and the Maharashtra Act pages 571 to 576
- 129 Caste Inside the Prison pages 577 to 580
- 130 Temple Entry, and the Freedom of Religion pages 581 to 584
- 131 Caste Amongst the Religious Communities pages 585 to 588
- 132 Communalism: What It Is, and What It Is Not pages 589 to 592
- 133 Communal Violence in Outline: The Pattern Since 1947 pages 593 to 596
- 134 Partition, and What It Left Behind pages 597 to 599
- 135 The Anti-Sikh Violence of 1984 pages 600 to 603
- 136 The Bombay Riots of 1992-93 pages 604 to 608
- 137 The Srikrishna Commission pages 609 to 612
- 138 Gujarat 2002, and the Criminal Justice Response pages 613 to 616
- 139 Muzaffarnagar 2013 pages 617 to 620
- 140 Lynching, and the Directions in Poonawalla pages 621 to 624
- 141 Hate Speech: The Offences pages 625 to 630
- 142 Hate Speech and the Freedom of Speech pages 631 to 634
- 143 Religious Places: The 1991 Act and the 1988 Act pages 635 to 638
- 144 The Ram Mandir and Babri Masjid Issue pages 639 to 642
- 145 Religion and Elections pages 643 to 647
- 146 Commissions of Inquiry: The Act, and What a Commission Can Do pages 648 to 652
- 147 The Findings of the Various Commissions of Inquiry pages 653 to 656
- 148 The Communal Violence Bill That Never Became Law pages 657 to 660
- 149 The Police and Communal Violence pages 661 to 666
- 150 The Union's Power When a State Cannot Keep Order pages 667 to 670
- 151 Remedies for Collective Violence, and How Well They Work pages 671 to 675
Every paper that is solved: 8 papers
- 2025-26
- 2025-26 - Set 2
- 2024-25
- 2023
- 2019
- 2018
- 2016
- 2015
-
Legal Education and Research Methodology
Official Notes munotes.in
Legal Education and Research Methodology
LL.M. · SEMESTER 2
Strictly as per the University of Mumbai LL.M. syllabus in force
For LL.M. students of the University of Mumbai and all its affiliated law colleges
munotes.in Foundation Course
Legal Education and Research Methodology
Copyright © 2026 munotes.in. All rights reserved.
Written and first published by munotes.in, 2026.
This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.
Licensing and permissions: contact@munotes.in
The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.
munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.
Contents
Module I
- What Legal Education Is 1
- Why a Country Needs Legal Education: The Lawyer and the Judge 5
- The Other Careers a Law Degree Builds 9
- Legal Education and the Citizen 13
- Legal Education in the Constitution and in the Advocates Act 17
- The Rest of the Bar Council and Enrolment Provisions 21
- Legal Education in Ancient and Medieval India 26
- Legal Education in India Before Independence 30
- The Fourteenth Law Commission Report 34
- The 184th Report and the Argument About Standards 38
- The National Law Universities and the Five Year Course 42
- Legal Education and the National Education Policy 2020 46
- Two Regulators, One Course 50
- What the LL.M. Is For 54
- The Rules of Legal Education 2008 57
- Who May Teach Law 61
- The Two Law Courses, and Who May Join Them 64
- What Must Be Taught: Standard of Courses and the Curriculum 68
- The Semester System, the Infrastructure and the End Semester Test 71
Contents continued
Module I continued
- Inspection, Approval and Revocation 75
- Accreditation, and the Machinery Behind the Rules 79
- Continuing Legal Education 82
- Foreign Degrees and Foreign Universities 86
- The Rest of the Rules of Legal Education 89
- How Law Is Taught, and Why the Method Matters 93
- The Lecture Method 96
- The Case Method 100
- The Problem Method 104
- Discussion, the Socratic Method, the Seminar and the Tutorial 107
- The Project and the Assignment 111
- Learning by Doing: The Clinical Method, Simulation and Role Play 114
- The Moot Court 118
- Out of the Classroom: Court Visits, Trial Observation and Internship 122
- Technology, E-Learning and the Online Classroom 126
- Teaching Legal Research and Legal Writing 129
- Choosing a Method, and Combining Methods 133
- What an Examination Is For 136
Contents continued
Module I continued
- What Is Wrong With the Traditional Examination 139
- Continuous Internal Assessment and the Semester Pattern 142
- Question Types: Objective, Problem and Open Book 145
- Assessment Beyond the Written Paper 149
- Examining the Clinical Courses 153
- Marks, Grades and Credits 156
- Moderation, Revaluation and Transparency 159
- The All India Bar Examination 162
- Examination Reform in the Law Commission Reports and in NEP 2020 166
- Malpractice and Academic Integrity in Examinations 170
- What Examination Reform Actually Requires 173
Module II
- What Clinical Legal Education Is 176
- Where the Clinic Came From 180
- What the Clinic Is For 184
- The Kinds of Clinic 187
- The Four Compulsory Clinical Papers 191
- The Legal Aid Clinic in a Law College 195
Contents continued
Module II continued
- Why Clinical Legal Education Has Not Worked in India 199
- What Legal Aid Is, and Why a State Provides It 203
- Article 39A and the Constitutional Duty 207
- Legal Aid Before the 1987 Act 212
- The Legal Services Authorities Act: The Machinery 216
- Who Is Entitled to Legal Aid 220
- Paying for Legal Aid, and the Rest of the Act 224
- How a Person Actually Gets Legal Aid 228
- The Legal Services Clinic 232
- The Lok Adalat 236
- The Permanent Lok Adalat 241
- The Judgments That Made Legal Aid a Right 246
- Legal Aid: What Still Does Not Work 252
- What Legal Literacy Is 256
- How Legal Literacy Is Delivered 260
- The Law Student and Legal Literacy 264
- What a Legal Survey Is 268
- How a Legal Survey Is Done 272
- Surveys That Changed the Law 276
Contents continued
Module II continued
- What Law Reform Is, and Who Does It 280
- The Law Commission of India 284
- From Report to Statute 288
- Research as the Engine of Law Reform 292
- Law Reform by the Courts, and Its Limits 296
Module III
- What Research Is 300
- What Legal Research Is 303
- The Objectives of Legal Research 306
- What Makes Research Good 309
- Pure and Applied Research 312
- Descriptive and Analytical Research 315
- Quantitative and Qualitative Research 318
- Conceptual and Empirical Research 321
- Doctrinal Research 324
- Doctrinal Research: Merits and Demerits 327
- Non Doctrinal Research 331
- Non Doctrinal Research: Merits and Demerits 334
- Induction and Deduction in Legal Reasoning 337
Contents continued
Module III continued
- Comparative Legal Research 341
- Historical Legal Research 345
- Analytical and Critical Legal Research 349
- Interdisciplinary Legal Research 353
- The Primary Sources of Legal Research 357
- The Secondary Sources of Legal Research 360
- Juristic Writings and Legal Periodicals 363
- Legal Databases and How to Search Them 367
- Computers, ICT and Legal Research 371
- The Digest, the Citator and Tracing a Case 375
- Observation and the Interview 378
- The Questionnaire and the Schedule 382
- The Case Study 386
- The Survey 389
- Sampling: What It Is and Why It Is Used 393
- Probability Sampling 396
- Non Probability Sampling 400
- Scaling and Measurement 404
- Processing and Analysing Data 407
Contents continued
Module III continued
- What Empirical Work in Law Cannot Do 411
- Research and the Judicial Process 415
- What a Research Problem Is 419
- Where Research Problems Come From 422
- Choosing Between Problems 426
- Narrowing and Defining the Problem 429
- Research Questions, Aims and Objectives 432
- What a Hypothesis Is 436
- Where a Hypothesis Comes From, and What Makes It Usable 440
- The Types of Hypothesis 444
- Formulating a Hypothesis 448
- Testing a Hypothesis 451
- When the Hypothesis Is Disproved 455
- Does Doctrinal Research Need a Hypothesis 459
Module IV
- What a Research Design Is 462
- What Makes a Research Design Good 466
- The Exploratory or Formulative Design 470
- Descriptive and Diagnostic Designs 473
Contents continued
Module IV continued
- The Experimental Design 476
- Historical and Case Study Designs 479
- The Parts of a Research Design, and MU's Own List 482
- The Introduction 486
- Aims and Objectives of the Study 489
- Scope of Study, and Its Limitations 493
- The Review of Literature 497
- Sources of Information 501
- The Research Methodology Section 504
- Chapterisation 508
- The Sampling Design and the Data Collection Design 511
- Time, Cost and the Practical Design 514
- The Synopsis or Research Proposal 517
- Citation: Footnotes, APA and Legal Citation 521
- Bibliography and Webliography 525
- Plagiarism and the UGC Regulations 528
- Artificial Intelligence Tools in Research 533
- Research Ethics Beyond Plagiarism 537
- Writing the Report 541
Contents continued
Module IV continued
- Conclusion and Suggestions 545
- The Viva Voce on the Dissertation 549
- What Goes Wrong in a Research Design 553
Page 1 onwards
556 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
- Notes
- 2026 Edition, as per the latest syllabus. 556 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2024, 2025, 2026
Every chapter in the notes: 150 chapters across 4 modules
Module I 48 chapters
- 1 What Legal Education Is pages 1 to 4
- 2 Why a Country Needs Legal Education: The Lawyer and the Judge pages 5 to 8
- 3 The Other Careers a Law Degree Builds pages 9 to 12
- 4 Legal Education and the Citizen pages 13 to 16
- 5 Legal Education in the Constitution and in the Advocates Act pages 17 to 20
- 6 The Rest of the Bar Council and Enrolment Provisions pages 21 to 25
- 7 Legal Education in Ancient and Medieval India pages 26 to 29
- 8 Legal Education in India Before Independence pages 30 to 33
- 9 The Fourteenth Law Commission Report pages 34 to 37
- 10 The 184th Report and the Argument About Standards pages 38 to 41
- 11 The National Law Universities and the Five Year Course pages 42 to 45
- 12 Legal Education and the National Education Policy 2020 pages 46 to 49
- 13 Two Regulators, One Course pages 50 to 53
- 14 What the LL.M. Is For pages 54 to 56
- 15 The Rules of Legal Education 2008 pages 57 to 60
- 16 Who May Teach Law pages 61 to 63
- 17 The Two Law Courses, and Who May Join Them pages 64 to 67
- 18 What Must Be Taught: Standard of Courses and the Curriculum pages 68 to 70
- 19 The Semester System, the Infrastructure and the End Semester Test pages 71 to 74
- 20 Inspection, Approval and Revocation pages 75 to 78
- 21 Accreditation, and the Machinery Behind the Rules pages 79 to 81
- 22 Continuing Legal Education pages 82 to 85
- 23 Foreign Degrees and Foreign Universities pages 86 to 88
- 24 The Rest of the Rules of Legal Education pages 89 to 92
- 25 How Law Is Taught, and Why the Method Matters pages 93 to 95
- 26 The Lecture Method pages 96 to 99
- 27 The Case Method pages 100 to 103
- 28 The Problem Method pages 104 to 106
- 29 Discussion, the Socratic Method, the Seminar and the Tutorial pages 107 to 110
- 30 The Project and the Assignment pages 111 to 113
- 31 Learning by Doing: The Clinical Method, Simulation and Role Play pages 114 to 117
- 32 The Moot Court pages 118 to 121
- 33 Out of the Classroom: Court Visits, Trial Observation and Internship pages 122 to 125
- 34 Technology, E-Learning and the Online Classroom pages 126 to 128
- 35 Teaching Legal Research and Legal Writing pages 129 to 132
- 36 Choosing a Method, and Combining Methods pages 133 to 135
- 37 What an Examination Is For pages 136 to 138
- 38 What Is Wrong With the Traditional Examination pages 139 to 141
- 39 Continuous Internal Assessment and the Semester Pattern pages 142 to 144
- 40 Question Types: Objective, Problem and Open Book pages 145 to 148
- 41 Assessment Beyond the Written Paper pages 149 to 152
- 42 Examining the Clinical Courses pages 153 to 155
- 43 Marks, Grades and Credits pages 156 to 158
- 44 Moderation, Revaluation and Transparency pages 159 to 161
- 45 The All India Bar Examination pages 162 to 165
- 46 Examination Reform in the Law Commission Reports and in NEP 2020 pages 166 to 169
- 47 Malpractice and Academic Integrity in Examinations pages 170 to 172
- 48 What Examination Reform Actually Requires pages 173 to 175
Module II 30 chapters
- 49 What Clinical Legal Education Is pages 176 to 179
- 50 Where the Clinic Came From pages 180 to 183
- 51 What the Clinic Is For pages 184 to 186
- 52 The Kinds of Clinic pages 187 to 190
- 53 The Four Compulsory Clinical Papers pages 191 to 194
- 54 The Legal Aid Clinic in a Law College pages 195 to 198
- 55 Why Clinical Legal Education Has Not Worked in India pages 199 to 202
- 56 What Legal Aid Is, and Why a State Provides It pages 203 to 206
- 57 Article 39A and the Constitutional Duty pages 207 to 211
- 58 Legal Aid Before the 1987 Act pages 212 to 215
- 59 The Legal Services Authorities Act: The Machinery pages 216 to 219
- 60 Who Is Entitled to Legal Aid pages 220 to 223
- 61 Paying for Legal Aid, and the Rest of the Act pages 224 to 227
- 62 How a Person Actually Gets Legal Aid pages 228 to 231
- 63 The Legal Services Clinic pages 232 to 235
- 64 The Lok Adalat pages 236 to 240
- 65 The Permanent Lok Adalat pages 241 to 245
- 66 The Judgments That Made Legal Aid a Right pages 246 to 251
- 67 Legal Aid: What Still Does Not Work pages 252 to 255
- 68 What Legal Literacy Is pages 256 to 259
- 69 How Legal Literacy Is Delivered pages 260 to 263
- 70 The Law Student and Legal Literacy pages 264 to 267
- 71 What a Legal Survey Is pages 268 to 271
- 72 How a Legal Survey Is Done pages 272 to 275
- 73 Surveys That Changed the Law pages 276 to 279
- 74 What Law Reform Is, and Who Does It pages 280 to 283
- 75 The Law Commission of India pages 284 to 287
- 76 From Report to Statute pages 288 to 291
- 77 Research as the Engine of Law Reform pages 292 to 295
- 78 Law Reform by the Courts, and Its Limits pages 296 to 299
Module III 46 chapters
- 79 What Research Is pages 300 to 302
- 80 What Legal Research Is pages 303 to 305
- 81 The Objectives of Legal Research pages 306 to 308
- 82 What Makes Research Good pages 309 to 311
- 83 Pure and Applied Research pages 312 to 314
- 84 Descriptive and Analytical Research pages 315 to 317
- 85 Quantitative and Qualitative Research pages 318 to 320
- 86 Conceptual and Empirical Research pages 321 to 323
- 87 Doctrinal Research pages 324 to 326
- 88 Doctrinal Research: Merits and Demerits pages 327 to 330
- 89 Non Doctrinal Research pages 331 to 333
- 90 Non Doctrinal Research: Merits and Demerits pages 334 to 336
- 91 Induction and Deduction in Legal Reasoning pages 337 to 340
- 92 Comparative Legal Research pages 341 to 344
- 93 Historical Legal Research pages 345 to 348
- 94 Analytical and Critical Legal Research pages 349 to 352
- 95 Interdisciplinary Legal Research pages 353 to 356
- 96 The Primary Sources of Legal Research pages 357 to 359
- 97 The Secondary Sources of Legal Research pages 360 to 362
- 98 Juristic Writings and Legal Periodicals pages 363 to 366
- 99 Legal Databases and How to Search Them pages 367 to 370
- 100 Computers, ICT and Legal Research pages 371 to 374
- 101 The Digest, the Citator and Tracing a Case pages 375 to 377
- 102 Observation and the Interview pages 378 to 381
- 103 The Questionnaire and the Schedule pages 382 to 385
- 104 The Case Study pages 386 to 388
- 105 The Survey pages 389 to 392
- 106 Sampling: What It Is and Why It Is Used pages 393 to 395
- 107 Probability Sampling pages 396 to 399
- 108 Non Probability Sampling pages 400 to 403
- 109 Scaling and Measurement pages 404 to 406
- 110 Processing and Analysing Data pages 407 to 410
- 111 What Empirical Work in Law Cannot Do pages 411 to 414
- 112 Research and the Judicial Process pages 415 to 418
- 113 What a Research Problem Is pages 419 to 421
- 114 Where Research Problems Come From pages 422 to 425
- 115 Choosing Between Problems pages 426 to 428
- 116 Narrowing and Defining the Problem pages 429 to 431
- 117 Research Questions, Aims and Objectives pages 432 to 435
- 118 What a Hypothesis Is pages 436 to 439
- 119 Where a Hypothesis Comes From, and What Makes It Usable pages 440 to 443
- 120 The Types of Hypothesis pages 444 to 447
- 121 Formulating a Hypothesis pages 448 to 450
- 122 Testing a Hypothesis pages 451 to 454
- 123 When the Hypothesis Is Disproved pages 455 to 458
- 124 Does Doctrinal Research Need a Hypothesis pages 459 to 461
Module IV 26 chapters
- 125 What a Research Design Is pages 462 to 465
- 126 What Makes a Research Design Good pages 466 to 469
- 127 The Exploratory or Formulative Design pages 470 to 472
- 128 Descriptive and Diagnostic Designs pages 473 to 475
- 129 The Experimental Design pages 476 to 478
- 130 Historical and Case Study Designs pages 479 to 481
- 131 The Parts of a Research Design, and MU's Own List pages 482 to 485
- 132 The Introduction pages 486 to 488
- 133 Aims and Objectives of the Study pages 489 to 492
- 134 Scope of Study, and Its Limitations pages 493 to 496
- 135 The Review of Literature pages 497 to 500
- 136 Sources of Information pages 501 to 503
- 137 The Research Methodology Section pages 504 to 507
- 138 Chapterisation pages 508 to 510
- 139 The Sampling Design and the Data Collection Design pages 511 to 513
- 140 Time, Cost and the Practical Design pages 514 to 516
- 141 The Synopsis or Research Proposal pages 517 to 520
- 142 Citation: Footnotes, APA and Legal Citation pages 521 to 524
- 143 Bibliography and Webliography pages 525 to 527
- 144 Plagiarism and the UGC Regulations pages 528 to 532
- 145 Artificial Intelligence Tools in Research pages 533 to 536
- 146 Research Ethics Beyond Plagiarism pages 537 to 540
- 147 Writing the Report pages 541 to 544
- 148 Conclusion and Suggestions pages 545 to 548
- 149 The Viva Voce on the Dissertation pages 549 to 552
- 150 What Goes Wrong in a Research Design pages 553 to 556
Every paper that is solved: 8 papers
- 2025-26
- 2024-25
- 2023-24
- 2022
- 2019
- 2018
- 2016
- 2015
-
Criminology
Official Notes munotes.in
Criminology
LL.M. · SEMESTER 2
Strictly as per the University of Mumbai LL.M. syllabus in force
For LL.M. students of the University of Mumbai and all its affiliated law colleges
munotes.in Group 5 Criminal Law and Criminal Administration
Criminology
Copyright © 2026 munotes.in. All rights reserved.
Written and first published by munotes.in, 2026.
This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.
Licensing and permissions: contact@munotes.in
The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.
munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.
Contents
Module I
- What This Paper Is About, and What a Crime Is 1
- Crime as a Legal Wrong: The Elements of an Offence 5
- Crime, Tort, Breach of Contract, Sin and Immorality 10
- Crime as a Public Wrong, and Why the State Prosecutes 14
- Criminal Law: What It Is and What It Does 17
- India's Criminal Law After 1 July 2024 21
- Criminology: The Word and Its Subject Matter 25
- The Scope, Divisions and Objectives of Criminology 28
- Is Criminology a Science? 31
- Criminology and Criminal Law: How Each Uses the Other 35
- Criminology, Penology, Criminal Policy and Criminal Justice 38
- Crime, Criminal Law and Criminology Distinguished 41
- Development and the Changing Patterns of Crime 44
- Measuring Crime: Official Statistics and the Dark Figure 47
- Criminalisation and Decriminalisation 50
- Victimology: The Discipline 53
- The Victim in Indian Criminal Procedure 56
- Compensating the Victim 60
- Who the Law Treats as a Criminal 64
- Ancient Explanations of Crime: The Demonological 67
Contents continued
Module I continued
- Crime and Punishment in Ancient India 70
- Greek, Roman and Medieval European Thought 73
- The Pre-Classical School 76
- The Classical School: Beccaria 79
- Bentham and the Utilitarian Calculus 82
- The Classical School Criticised 86
- The Neo-Classical School 89
- The Cartographic School 92
- The Socialist School 96
- The Positive School: The Turn to the Offender 100
- Lombroso and the Born Criminal 103
- Ferri and Garofalo 107
- The Positive School Criticised 111
- Biological and Constitutional Typologies After Lombroso 114
- Psychiatric and Psychoanalytic Explanations 117
- The Chicago School and Social Ecology 121
- Sutherland and Differential Association 125
- Anomie: Durkheim and Merton 128
- Subcultural Explanations 131
Contents continued
Module I continued
- Social Control and Labelling 134
- Radical, Conflict and Critical Criminology 137
- Modern Criminology: Rational Choice, Routine Activity and Situational Prevention 141
- Criminological Thought in India 145
Module II
- The Multiple Factor Approach 148
- The Single Factor Fallacy 151
- Burt, Healy and the Gluecks 154
- Sutherland's Objection: A Factor Is Not a Cause 158
- The Multiple Factor Theory Evaluated 161
- The Multiple Factor Theory in India 164
- Classifying the Causes of Crime 167
- Physical, Geographical and Environmental Factors 170
- Biological and Hereditary Factors 173
- Age, Sex and Crime 176
- Psychological Factors: Intelligence, Personality and Emotion 179
- Mental Disorder and Criminal Responsibility 182
- Socio-Cultural Factors: The Family and the Broken Home 186
Contents continued
Module II continued
- Socio-Cultural Factors: School, Peer Group and Companionship 189
- Socio-Cultural Factors: Caste, Religion, Community and Culture Conflict 192
- Urbanisation, Industrialisation and Migration 195
- Poverty as a Cause of Crime 198
- Unemployment, Inequality and Affluence 201
- Mass Media and Crime 204
- Obscenity, Pornography and the Printed Word 207
- Alcoholism and Substance Abuse 210
- Drugs, the NDPS Act and Drug Related Crime 213
- Juvenile Delinquency and Its Causes 216
- Recidivism and the Habitual Offender 220
- Organised Crime 223
- Cyber Crime as a Modern Form 226
- Crime Causation Assessed 229
Module III
- Deviance: The Sociological Idea Behind This Module 232
- What Privileged Class Deviance Means 235
- White Collar Crime: Sutherland's Concept and Its Origin 238
Contents continued
Module III continued
- White Collar Crime Against Traditional Crime 241
- Why White Collar Crime Is Hard to Prove 244
- White Collar Crime in India and the Santhanam Committee 247
- Tax Evasion, Black Money and the Parallel Economy 250
- Corporate Fraud and Bank Fraud 253
- Securities Fraud and Manipulation of the Market 257
- Money Laundering and Benami Holdings 260
- Adulteration, Spurious Goods and Crimes Against the Consumer 264
- Curbing White Collar Crime 267
- Are the Present Laws Sufficient? 270
- Bail in Economic Offences 273
- Official Deviance 277
- Police Deviance 280
- Custodial Violence and Custodial Death 283
- Police Deviance in Registration and Investigation 288
- Controlling the Abuse of Public Power: Police Reform 292
- Political Deviance and the Criminalisation of Politics 296
- Privileged Class Deviance in the Educational Field 300
- The Legal Control of White Collar Crime in India 304
Contents continued
Module III continued
- Privileged Class Deviance and the Indian Legal Order Assessed 307
- What Professional Deviance Is 310
- Professional Deviance of Lawyers 313
- The Advocates Act, the Bar Councils and Professional Misconduct 316
- Lawyers: Strikes, Boycotts and Abstention From Work 320
- Lawyers: Contempt, and Who Disciplines the Bar 324
- Professional Deviance of Teachers 327
- Professional Deviance of Judges 330
- Judicial Accountability: The In-House Procedure, Impeachment and the Criminal Law 334
- Professional Deviance of Journalists 338
- The Press Council of India: Constitution, Functions and Powers 341
- The Press Council Against Unprofessional and Unethical Journalism 345
- How Successful the Press Council Has Been 349
- Paid News 353
- Trial by Media and the Sting Operation 357
- Broadcast and Digital Media, and Who Regulates Them 361
- Professional Deviance of Doctors 364
Contents continued
Module III continued
- Medical Negligence and the Criminal Standard 367
- Medical Negligence Before the Consumer Forum 371
- The National Medical Commission and Professional Conduct 376
- The Lentin Commission Report 380
- Sex Determination, Organ Trade and Unnecessary Surgery 384
- Professional Deviance of Technocrats 388
- Professional Deviance: The Pattern the Professions Share 392
Module IV
- What the Response of the Indian Legal Order Means 396
- The Constitutional Response 399
- The Prevention of Corruption Act 1988: Objects and Scheme 403
- Who Is a Public Servant Under the Act 407
- The Bribery Offences: Sections 7 to 12 411
- Criminal Misconduct by a Public Servant: Section 13 415
- Presumption, Sanction and Section 17A 419
- Trial, the Special Judge and Attachment 423
- The Antulay Case 427
- What the Act Has Achieved, and What It Has Not 432
- The Central Vigilance Commission 436
Contents continued
Module IV continued
- The Legislation Under Which the Commission Is Established 441
- The Central Bureau of Investigation, and CBI v. CBI 444
- The Ombudsman: The Idea and Its Origin 450
- The Lokpal 453
- The Lokayukta 457
- The Public Accounts Committee 461
- The Comptroller and Auditor General, and the Other Financial Committees 465
- The Commissions of Inquiry Act 1952 469
- Commissions of Inquiry: Appointment, Powers and Procedure 473
- The Report of a Commission and What It Is Worth in Law 477
- Commissions of Inquiry in Practice 481
- The Right to Information Act as an Instrument Against Deviance 485
- Protecting the Whistle Blower 489
- Money Laundering, Attachment and Asset Recovery 493
- Consumer Protection and Professional Accountability 496
- The Judicial Response: Public Interest Litigation and Continuing Mandamus 499
- The Judicial Response: Speedy Trial 503
- The Sentencing Response 507
Contents continued
Module IV continued
- The Reformative Response: Probation 511
- The Prison Response 515
- The Victim Oriented Response 519
- Decriminalisation as a Response 523
- The Response of the Indian Legal Order Assessed 527
Page 1 onwards
530 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
- Notes
- 2026 Edition, as per the latest syllabus. 530 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2023, 2025, 2026
Every chapter in the notes: 150 chapters across 4 modules
Module I 43 chapters
- 1 What This Paper Is About, and What a Crime Is pages 1 to 4
- 2 Crime as a Legal Wrong: The Elements of an Offence pages 5 to 9
- 3 Crime, Tort, Breach of Contract, Sin and Immorality pages 10 to 13
- 4 Crime as a Public Wrong, and Why the State Prosecutes pages 14 to 16
- 5 Criminal Law: What It Is and What It Does pages 17 to 20
- 6 India's Criminal Law After 1 July 2024 pages 21 to 24
- 7 Criminology: The Word and Its Subject Matter pages 25 to 27
- 8 The Scope, Divisions and Objectives of Criminology pages 28 to 30
- 9 Is Criminology a Science? pages 31 to 34
- 10 Criminology and Criminal Law: How Each Uses the Other pages 35 to 37
- 11 Criminology, Penology, Criminal Policy and Criminal Justice pages 38 to 40
- 12 Crime, Criminal Law and Criminology Distinguished pages 41 to 43
- 13 Development and the Changing Patterns of Crime pages 44 to 46
- 14 Measuring Crime: Official Statistics and the Dark Figure pages 47 to 49
- 15 Criminalisation and Decriminalisation pages 50 to 52
- 16 Victimology: The Discipline pages 53 to 55
- 17 The Victim in Indian Criminal Procedure pages 56 to 59
- 18 Compensating the Victim pages 60 to 63
- 19 Who the Law Treats as a Criminal pages 64 to 66
- 20 Ancient Explanations of Crime: The Demonological pages 67 to 69
- 21 Crime and Punishment in Ancient India pages 70 to 72
- 22 Greek, Roman and Medieval European Thought pages 73 to 75
- 23 The Pre-Classical School pages 76 to 78
- 24 The Classical School: Beccaria pages 79 to 81
- 25 Bentham and the Utilitarian Calculus pages 82 to 85
- 26 The Classical School Criticised pages 86 to 88
- 27 The Neo-Classical School pages 89 to 91
- 28 The Cartographic School pages 92 to 95
- 29 The Socialist School pages 96 to 99
- 30 The Positive School: The Turn to the Offender pages 100 to 102
- 31 Lombroso and the Born Criminal pages 103 to 106
- 32 Ferri and Garofalo pages 107 to 110
- 33 The Positive School Criticised pages 111 to 113
- 34 Biological and Constitutional Typologies After Lombroso pages 114 to 116
- 35 Psychiatric and Psychoanalytic Explanations pages 117 to 120
- 36 The Chicago School and Social Ecology pages 121 to 124
- 37 Sutherland and Differential Association pages 125 to 127
- 38 Anomie: Durkheim and Merton pages 128 to 130
- 39 Subcultural Explanations pages 131 to 133
- 40 Social Control and Labelling pages 134 to 136
- 41 Radical, Conflict and Critical Criminology pages 137 to 140
- 42 Modern Criminology: Rational Choice, Routine Activity and Situational Prevention pages 141 to 144
- 43 Criminological Thought in India pages 145 to 147
Module II 27 chapters
- 44 The Multiple Factor Approach pages 148 to 150
- 45 The Single Factor Fallacy pages 151 to 153
- 46 Burt, Healy and the Gluecks pages 154 to 157
- 47 Sutherland's Objection: A Factor Is Not a Cause pages 158 to 160
- 48 The Multiple Factor Theory Evaluated pages 161 to 163
- 49 The Multiple Factor Theory in India pages 164 to 166
- 50 Classifying the Causes of Crime pages 167 to 169
- 51 Physical, Geographical and Environmental Factors pages 170 to 172
- 52 Biological and Hereditary Factors pages 173 to 175
- 53 Age, Sex and Crime pages 176 to 178
- 54 Psychological Factors: Intelligence, Personality and Emotion pages 179 to 181
- 55 Mental Disorder and Criminal Responsibility pages 182 to 185
- 56 Socio-Cultural Factors: The Family and the Broken Home pages 186 to 188
- 57 Socio-Cultural Factors: School, Peer Group and Companionship pages 189 to 191
- 58 Socio-Cultural Factors: Caste, Religion, Community and Culture Conflict pages 192 to 194
- 59 Urbanisation, Industrialisation and Migration pages 195 to 197
- 60 Poverty as a Cause of Crime pages 198 to 200
- 61 Unemployment, Inequality and Affluence pages 201 to 203
- 62 Mass Media and Crime pages 204 to 206
- 63 Obscenity, Pornography and the Printed Word pages 207 to 209
- 64 Alcoholism and Substance Abuse pages 210 to 212
- 65 Drugs, the NDPS Act and Drug Related Crime pages 213 to 215
- 66 Juvenile Delinquency and Its Causes pages 216 to 219
- 67 Recidivism and the Habitual Offender pages 220 to 222
- 68 Organised Crime pages 223 to 225
- 69 Cyber Crime as a Modern Form pages 226 to 228
- 70 Crime Causation Assessed pages 229 to 231
Module III 46 chapters
- 71 Deviance: The Sociological Idea Behind This Module pages 232 to 234
- 72 What Privileged Class Deviance Means pages 235 to 237
- 73 White Collar Crime: Sutherland's Concept and Its Origin pages 238 to 240
- 74 White Collar Crime Against Traditional Crime pages 241 to 243
- 75 Why White Collar Crime Is Hard to Prove pages 244 to 246
- 76 White Collar Crime in India and the Santhanam Committee pages 247 to 249
- 77 Tax Evasion, Black Money and the Parallel Economy pages 250 to 252
- 78 Corporate Fraud and Bank Fraud pages 253 to 256
- 79 Securities Fraud and Manipulation of the Market pages 257 to 259
- 80 Money Laundering and Benami Holdings pages 260 to 263
- 81 Adulteration, Spurious Goods and Crimes Against the Consumer pages 264 to 266
- 82 Curbing White Collar Crime pages 267 to 269
- 83 Are the Present Laws Sufficient? pages 270 to 272
- 84 Bail in Economic Offences pages 273 to 276
- 85 Official Deviance pages 277 to 279
- 86 Police Deviance pages 280 to 282
- 87 Custodial Violence and Custodial Death pages 283 to 287
- 88 Police Deviance in Registration and Investigation pages 288 to 291
- 89 Controlling the Abuse of Public Power: Police Reform pages 292 to 295
- 90 Political Deviance and the Criminalisation of Politics pages 296 to 299
- 91 Privileged Class Deviance in the Educational Field pages 300 to 303
- 92 The Legal Control of White Collar Crime in India pages 304 to 306
- 93 Privileged Class Deviance and the Indian Legal Order Assessed pages 307 to 309
- 94 What Professional Deviance Is pages 310 to 312
- 95 Professional Deviance of Lawyers pages 313 to 315
- 96 The Advocates Act, the Bar Councils and Professional Misconduct pages 316 to 319
- 97 Lawyers: Strikes, Boycotts and Abstention From Work pages 320 to 323
- 98 Lawyers: Contempt, and Who Disciplines the Bar pages 324 to 326
- 99 Professional Deviance of Teachers pages 327 to 329
- 100 Professional Deviance of Judges pages 330 to 333
- 101 Judicial Accountability: The In-House Procedure, Impeachment and the Criminal Law pages 334 to 337
- 102 Professional Deviance of Journalists pages 338 to 340
- 103 The Press Council of India: Constitution, Functions and Powers pages 341 to 344
- 104 The Press Council Against Unprofessional and Unethical Journalism pages 345 to 348
- 105 How Successful the Press Council Has Been pages 349 to 352
- 106 Paid News pages 353 to 356
- 107 Trial by Media and the Sting Operation pages 357 to 360
- 108 Broadcast and Digital Media, and Who Regulates Them pages 361 to 363
- 109 Professional Deviance of Doctors pages 364 to 366
- 110 Medical Negligence and the Criminal Standard pages 367 to 370
- 111 Medical Negligence Before the Consumer Forum pages 371 to 375
- 112 The National Medical Commission and Professional Conduct pages 376 to 379
- 113 The Lentin Commission Report pages 380 to 383
- 114 Sex Determination, Organ Trade and Unnecessary Surgery pages 384 to 387
- 115 Professional Deviance of Technocrats pages 388 to 391
- 116 Professional Deviance: The Pattern the Professions Share pages 392 to 395
Module IV 34 chapters
- 117 What the Response of the Indian Legal Order Means pages 396 to 398
- 118 The Constitutional Response pages 399 to 402
- 119 The Prevention of Corruption Act 1988: Objects and Scheme pages 403 to 406
- 120 Who Is a Public Servant Under the Act pages 407 to 410
- 121 The Bribery Offences: Sections 7 to 12 pages 411 to 414
- 122 Criminal Misconduct by a Public Servant: Section 13 pages 415 to 418
- 123 Presumption, Sanction and Section 17A pages 419 to 422
- 124 Trial, the Special Judge and Attachment pages 423 to 426
- 125 The Antulay Case pages 427 to 431
- 126 What the Act Has Achieved, and What It Has Not pages 432 to 435
- 127 The Central Vigilance Commission pages 436 to 440
- 128 The Legislation Under Which the Commission Is Established pages 441 to 443
- 129 The Central Bureau of Investigation, and CBI v. CBI pages 444 to 449
- 130 The Ombudsman: The Idea and Its Origin pages 450 to 452
- 131 The Lokpal pages 453 to 456
- 132 The Lokayukta pages 457 to 460
- 133 The Public Accounts Committee pages 461 to 464
- 134 The Comptroller and Auditor General, and the Other Financial Committees pages 465 to 468
- 135 The Commissions of Inquiry Act 1952 pages 469 to 472
- 136 Commissions of Inquiry: Appointment, Powers and Procedure pages 473 to 476
- 137 The Report of a Commission and What It Is Worth in Law pages 477 to 480
- 138 Commissions of Inquiry in Practice pages 481 to 484
- 139 The Right to Information Act as an Instrument Against Deviance pages 485 to 488
- 140 Protecting the Whistle Blower pages 489 to 492
- 141 Money Laundering, Attachment and Asset Recovery pages 493 to 495
- 142 Consumer Protection and Professional Accountability pages 496 to 498
- 143 The Judicial Response: Public Interest Litigation and Continuing Mandamus pages 499 to 502
- 144 The Judicial Response: Speedy Trial pages 503 to 506
- 145 The Sentencing Response pages 507 to 510
- 146 The Reformative Response: Probation pages 511 to 514
- 147 The Prison Response pages 515 to 518
- 148 The Victim Oriented Response pages 519 to 522
- 149 Decriminalisation as a Response pages 523 to 526
- 150 The Response of the Indian Legal Order Assessed pages 527 to 530
Every paper that is solved: 9 papers
- 2025-26
- 2025-26 - Set 2
- 2024-25
- 2023
- 2023 - Set 2
- 2019
- 2018
- 2016
- 2015
-
Judicial Process
Official Notes munotes.in
Judicial Process
LL.M. · SEMESTER 2
Strictly as per the University of Mumbai LL.M. syllabus in force
For LL.M. students of the University of Mumbai and all its affiliated law colleges
munotes.in Foundation Course
Judicial Process
Copyright © 2026 munotes.in. All rights reserved.
Written and first published by munotes.in, 2026.
This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.
Licensing and permissions: contact@munotes.in
The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.
munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.
Contents
Module I
- What the Judicial Process Is 1
- The Judicial Process as an Instrument of Social Ordering 6
- Cardozo and the Nature of the Judicial Process 11
- The Declaratory Theory and the Living Oracle 15
- Judicial Reasoning, not Calculation 19
- The Final Cause of Law Is the Welfare of Society 23
- The Gap in the Law 27
- Creation, not Discovery 31
- The Method of Philosophy: The Rule of Logic 36
- The Method of History 40
- The Method of Tradition and Custom 44
- The Method of Sociology 48
- Judicial Creativity and the Growth of Law 53
- The Tools and Techniques of Judicial Creativity 57
- The Limits of Judicial Creativity 62
- The Doctrine of Precedent 67
- Ratio Decidendi and Obiter Dicta 71
- When a Precedent Binds, and When It Does Not 75
- The Merits and the Demerits of Precedent 79
- Distinguishing and Overruling: Precedent as Creativity 83
Contents continued
Module I continued
- Article 141 and Stare Decisis in India 87
- When the Supreme Court Departs from Itself 91
- Legal Development through Codification 95
Module II
- The Special Dimensions of the Judicial Process 99
- What Judicial Review Is 103
- The Constitutional Basis of Judicial Review in India 107
- The Grounds of Judicial Review 111
- Judicial Review as a Basic Feature of the Constitution 115
- The Philosophy of Judicial Review and Limited Government 120
- The Role of the Courts in Constitutional Adjudication 124
- Judicial Review as a Check on Power 128
- What Judicial Activism Is 132
- The Varieties of Judicial Activism 136
- The Scope and the Necessity of Judicial Activism 140
- The Limits of Judicial Activism and the Charge of Overreach 144
- Judicial Activism and Judicial Restraint 149
- Judicial Accountability 153
- The Institutional Liability of the Courts: Scope and Limits 157
Contents continued
Module II continued
- The Accountability of the Executive 161
- The Judicial Process in India 165
- The Independence of the Judiciary 169
- The Constitutional Guarantees of Independence 173
- The Appointment of Judges 177
- The First Judges Case 181
- The Second Judges Case 184
- The Third Judges Case 187
- The National Judicial Appointments Commission 191
- The Political Nature of the Judicial Process 195
- Structural Vulnerability and the Political Executive 199
- The Judicial Creativity of the Supreme Court of India 203
- The Judicial Process in Pursuit of Constitutional Goals and Values 207
- New Dimensions of Judicial Activism, and the Structural Challenges 211
- Constitutional Jurisprudence Built through Judicial Activism 215
- What Public Interest Litigation Is 219
- Locus Standi and Epistolary Jurisdiction 223
- PIL as a Judicial Arm Creating New Dimensions for Achieving Justice 227
Contents continued
Module II continued
- The Misuse of PIL, and the Remedies 231
- The Constitution as a Living Document 235
- Creative Law-Making and the New Socio-Economic Rights 239
- Substance over Technicality: Articles 14 and 21 243
- Individual Freedom and Collective Welfare 247
- Judicial Activism for the Marginalised 251
- The Prison Cases and the Dignity of the Individual 255
Module III
- What Justice Is 259
- Dharma: What the Word Means 263
- The Sources of Dharma 267
- Dharma as the Foundation of Legal Ordering 271
- Dharma as the Foundation of Justice in India 275
- The Aspects of Dharma 279
- Raja Dharma: The Duty of the Ruler 283
- Dharma in the Indian Legal System Today 287
- The Purpose of Dharma 291
- Dharma Is Not Religion 295
- Dharma, Natural Justice and the Rule of Law 299
Contents continued
Module III continued
- Justice in Greek Thought: Plato and Aristotle 303
- The Liberal Contractual Tradition 307
- Rawls and Justice as Fairness 311
- The Liberal Moral Tradition: Kant 315
- The Liberal Utilitarian Tradition: Bentham and Mill 319
- The Critics of Liberal Justice 324
Module IV
- The Relation between Law and Justice 328
- Equivalence Theories of Justice 332
- Dependency Theories of Justice 336
- The Independence of Justice from Law 340
- The Interrelationship, Read through the Theories of Justice 344
- Law and Justice in the Indian Constitutional Order 348
- Supreme Court Cases Read through the Theories of Justice 352
Page 1 onwards
356 pages in this book. The cover and the contents are above. Everything from page one is in the pass.
- Notes
- 2026 Edition, as per the latest syllabus. 356 pages.
- Papers
- Previous year question paper solutions. Revised edition 2026. 2015, 2016, 2018, 2019, 2022, 2024, 2025, 2026
Every chapter in the notes: 87 chapters across 4 modules
Module I 23 chapters
- 1 What the Judicial Process Is pages 1 to 5
- 2 The Judicial Process as an Instrument of Social Ordering pages 6 to 10
- 3 Cardozo and the Nature of the Judicial Process pages 11 to 14
- 4 The Declaratory Theory and the Living Oracle pages 15 to 18
- 5 Judicial Reasoning, not Calculation pages 19 to 22
- 6 The Final Cause of Law Is the Welfare of Society pages 23 to 26
- 7 The Gap in the Law pages 27 to 30
- 8 Creation, not Discovery pages 31 to 35
- 9 The Method of Philosophy: The Rule of Logic pages 36 to 39
- 10 The Method of History pages 40 to 43
- 11 The Method of Tradition and Custom pages 44 to 47
- 12 The Method of Sociology pages 48 to 52
- 13 Judicial Creativity and the Growth of Law pages 53 to 56
- 14 The Tools and Techniques of Judicial Creativity pages 57 to 61
- 15 The Limits of Judicial Creativity pages 62 to 66
- 16 The Doctrine of Precedent pages 67 to 70
- 17 Ratio Decidendi and Obiter Dicta pages 71 to 74
- 18 When a Precedent Binds, and When It Does Not pages 75 to 78
- 19 The Merits and the Demerits of Precedent pages 79 to 82
- 20 Distinguishing and Overruling: Precedent as Creativity pages 83 to 86
- 21 Article 141 and Stare Decisis in India pages 87 to 90
- 22 When the Supreme Court Departs from Itself pages 91 to 94
- 23 Legal Development through Codification pages 95 to 98
Module II 40 chapters
- 24 The Special Dimensions of the Judicial Process pages 99 to 102
- 25 What Judicial Review Is pages 103 to 106
- 26 The Constitutional Basis of Judicial Review in India pages 107 to 110
- 27 The Grounds of Judicial Review pages 111 to 114
- 28 Judicial Review as a Basic Feature of the Constitution pages 115 to 119
- 29 The Philosophy of Judicial Review and Limited Government pages 120 to 123
- 30 The Role of the Courts in Constitutional Adjudication pages 124 to 127
- 31 Judicial Review as a Check on Power pages 128 to 131
- 32 What Judicial Activism Is pages 132 to 135
- 33 The Varieties of Judicial Activism pages 136 to 139
- 34 The Scope and the Necessity of Judicial Activism pages 140 to 143
- 35 The Limits of Judicial Activism and the Charge of Overreach pages 144 to 148
- 36 Judicial Activism and Judicial Restraint pages 149 to 152
- 37 Judicial Accountability pages 153 to 156
- 38 The Institutional Liability of the Courts: Scope and Limits pages 157 to 160
- 39 The Accountability of the Executive pages 161 to 164
- 40 The Judicial Process in India pages 165 to 168
- 41 The Independence of the Judiciary pages 169 to 172
- 42 The Constitutional Guarantees of Independence pages 173 to 176
- 43 The Appointment of Judges pages 177 to 180
- 44 The First Judges Case pages 181 to 183
- 45 The Second Judges Case pages 184 to 186
- 46 The Third Judges Case pages 187 to 190
- 47 The National Judicial Appointments Commission pages 191 to 194
- 48 The Political Nature of the Judicial Process pages 195 to 198
- 49 Structural Vulnerability and the Political Executive pages 199 to 202
- 50 The Judicial Creativity of the Supreme Court of India pages 203 to 206
- 51 The Judicial Process in Pursuit of Constitutional Goals and Values pages 207 to 210
- 52 New Dimensions of Judicial Activism, and the Structural Challenges pages 211 to 214
- 53 Constitutional Jurisprudence Built through Judicial Activism pages 215 to 218
- 54 What Public Interest Litigation Is pages 219 to 222
- 55 Locus Standi and Epistolary Jurisdiction pages 223 to 226
- 56 PIL as a Judicial Arm Creating New Dimensions for Achieving Justice pages 227 to 230
- 57 The Misuse of PIL, and the Remedies pages 231 to 234
- 58 The Constitution as a Living Document pages 235 to 238
- 59 Creative Law-Making and the New Socio-Economic Rights pages 239 to 242
- 60 Substance over Technicality: Articles 14 and 21 pages 243 to 246
- 61 Individual Freedom and Collective Welfare pages 247 to 250
- 62 Judicial Activism for the Marginalised pages 251 to 254
- 63 The Prison Cases and the Dignity of the Individual pages 255 to 258
Module III 17 chapters
- 64 What Justice Is pages 259 to 262
- 65 Dharma: What the Word Means pages 263 to 266
- 66 The Sources of Dharma pages 267 to 270
- 67 Dharma as the Foundation of Legal Ordering pages 271 to 274
- 68 Dharma as the Foundation of Justice in India pages 275 to 278
- 69 The Aspects of Dharma pages 279 to 282
- 70 Raja Dharma: The Duty of the Ruler pages 283 to 286
- 71 Dharma in the Indian Legal System Today pages 287 to 290
- 72 The Purpose of Dharma pages 291 to 294
- 73 Dharma Is Not Religion pages 295 to 298
- 74 Dharma, Natural Justice and the Rule of Law pages 299 to 302
- 75 Justice in Greek Thought: Plato and Aristotle pages 303 to 306
- 76 The Liberal Contractual Tradition pages 307 to 310
- 77 Rawls and Justice as Fairness pages 311 to 314
- 78 The Liberal Moral Tradition: Kant pages 315 to 318
- 79 The Liberal Utilitarian Tradition: Bentham and Mill pages 319 to 323
- 80 The Critics of Liberal Justice pages 324 to 327
Module IV 7 chapters
- 81 The Relation between Law and Justice pages 328 to 331
- 82 Equivalence Theories of Justice pages 332 to 335
- 83 Dependency Theories of Justice pages 336 to 339
- 84 The Independence of Justice from Law pages 340 to 343
- 85 The Interrelationship, Read through the Theories of Justice pages 344 to 347
- 86 Law and Justice in the Indian Constitutional Order pages 348 to 351
- 87 Supreme Court Cases Read through the Theories of Justice pages 352 to 356
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