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LL.M. Criminal Law and Criminal Administration Semester 2: Notes and Solved Previous Year Question Papers 2026

For students of Mumbai University and all its affiliated colleges.

As per latest University of Mumbai syllabus

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  • Previous year question papers, with full solutions.
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  1. 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 free 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.

    munotes.in

    Contents

    Module I

    1. What This Paper Is About 1
    2. The Criminal Justice System: Its Four Parts 6
    3. Why a Crowd Defeats a Criminal Law Built for One Person 10
    4. Force: The Ordinary Word and the Legal One 14
    5. Criminal Force and Assault 19
    6. The State's Monopoly of Legitimate Force 22
    7. Coercion: Section 15 of the Contract Act 26
    8. Coercion, Duress and Undue Influence Distinguished 30
    9. Violence: The Word the Syllabus Does Not Define 34
    10. Direct, Structural and Cultural Violence 38
    11. Symbolic Violence 42
    12. Institutionalised Violence 45
    13. Structural Violence in India, Measured 49
    14. What Makes Violence Collective 53
    15. A Typology: Riot, Pogrom, Massacre, Lynching, Genocide, Terrorism, Insurgency 56
    16. Common Intention and Common Object 60
    17. Unlawful Assembly: The Five Common Objects 64
    18. Rioting, and the Offences Around It 68
    19. Affray, and How It Differs from Rioting 72
    20. Promoting Enmity Between Groups 75
    munotes.in

    Contents continued

    Module I continued

    1. Mob Lynching, Named at Last 79
    2. Destruction of Public Property 83
    3. Dispersing an Unlawful Assembly: The Graduated Powers 87
    4. Prohibitory and Preventive Orders 92
    5. Private Defence, and the State's Use of Force 97
    6. Article 19 and the Freedoms Collective Action Is Made Of 102
    7. Processions, and the Right to Assemble 107
    8. Ahimsa in the Indian Traditions 112
    9. Gandhi's Ahimsa, and Satyagraha 117
    10. Ambedkar's Objection, Which a Serious Answer Must Face 121
    11. The Revolutionary Tradition in the Freedom Struggle 125
    12. Sedition: From Tilak to Kedar Nath to the 2022 Abeyance 129
    13. Section 152: What Replaced Sedition 135
    14. The State's Approach: Preventive Detention 139
    15. The State's Approach: The Special Criminal Statute 144
    16. The Armed Forces and Internal Violence 151
    17. The Maoist Approach, and the State's Answer to It 156
    18. Upendra Baxi's Frame: Dissent, Development and Violence 161
    19. The Human Rights Approach 165
    munotes.in

    Contents continued

    Module I continued

    1. Is Ahimsa Relevant Today? 169

    Module II

    1. What Agrarian Violence Is 173
    2. The Agrarian Structure the Violence Grows Out Of 177
    3. The Colonial Land Settlements 181
    4. Phase One: Resistance to the New Revenue State 185
    5. Phase Two: The Tribal Risings 188
    6. Phase Three: Commercial Agriculture, Debt and Tenancy 192
    7. The Peasant in the National Movement 196
    8. The Telangana Armed Struggle 200
    9. Tebhaga, and the Sharecropper 204
    10. Naxalbari, and What Followed It 207
    11. The Bihar Massacres 211
    12. Arwal, and the Tribunal That Reported On It 215
    13. The Private Caste Army 219
    14. Repression: The Police Response to Agrarian Conflict 223
    15. Repression: The Encounter 227
    16. Repression: Arming Civilians, and Why the Court Stopped It 232
    17. Land Reform: Abolition of Intermediaries 237
    munotes.in

    Contents continued

    Module II continued

    1. Land Reform: Ceilings on Holdings 241
    2. Land Reform: Tenancy Security 245
    3. Why Land Reform Failed, and What Followed 249
    4. Bonded Labour: The System and the Act 253
    5. Bonded Labour Before the Courts 257
    6. The Agricultural Labourer and the Minimum Wage 261
    7. The Forest, the Tribe, and the Forest Rights Act 265
    8. The Fifth Schedule and PESA 269
    9. Tribal Land Alienation Before the Courts 274
    10. Development Displacement as Agrarian Violence 279
    11. The Green Revolution and Its Consequences 283
    12. Farmer Suicide as Agrarian Violence 287
    13. The Farm Laws Protest 291
    14. What the Criminal Justice System Does With Agrarian Violence 295
    15. Commissions of Inquiry Into Agrarian Violence 299
    16. Objective and Causative Factors of Collective Agrarian Violence 303
    17. What the Law Can and Cannot Do Here 307
    munotes.in

    Contents continued

    Module III

    1. Who the Weaker Sections Are, and Who Decides 311
    2. The Constitutional Vocabulary of Protection 315
    3. Violence Against Women: The Scale, Counted 319
    4. Rape: The Offence, and How Its Definition Changed 323
    5. Mathura, and the Amendment It Forced 327
    6. Consent, and the Presumption in Custodial Rape 332
    7. The Two-Finger Test, and Its End 336
    8. The 2013 Amendment, and the Committee Behind It 340
    9. The Marital Rape Exception 344
    10. The Trial: Dignity, In Camera, and the Victim's Identity 348
    11. Sexual Harassment at the Workplace 353
    12. Domestic Violence: A Civil Answer to a Criminal Problem 358
    13. Dowry Death and Cruelty 363
    14. Honour Killing, and the Khap 368
    15. Acid Attack 373
    16. Trafficking and Prostitution 377
    17. Violence Against Children: The Scale, Counted 381
    18. The POCSO Scheme 385
    19. POCSO Before the Courts 390
    munotes.in

    Contents continued

    Module III continued

    1. Child Labour 394
    2. Child Marriage 399
    3. The Child in Conflict With Law 404
    4. Corporal Punishment and Violence in Institutions 410
    5. Violence Against Persons With Disabilities 416
    6. Violence Against Transgender Persons 422
    7. Violence Against the Migrant and Unorganised Worker 427
    8. Custodial Violence: The Scale and the Law 433
    9. Custodial Death, and the Constitutional Remedy 439
    10. The Safeguards on Arrest, and How They Are Enforced 444
    11. Encounter Killings, and the Guidelines 451
    12. Institutionalised Violence: Causes and Remedies 457
    13. Compensation as a Remedy for Institutional Violence 462
    14. The Human Rights Commissions 467
    15. Intersecting Disadvantage, and Why One Axis Is Not Enough 473
    16. What Criminal Law Can and Cannot Do for the Weaker Sections 478

    Module IV

    1. Caste: What It Is, and Why the Law Had to Name It 483
    2. Untouchability, and Article 17 487
    munotes.in

    Contents continued

    Module IV continued

    1. The Protection of Civil Rights Act 1955 491
    2. Why a Second Act Was Needed 496
    3. The Notion of Atrocities 500
    4. The Offences in Section 3(1) 505
    5. The Aggravated Offences in Section 3(2) 510
    6. Neglect of Duty by a Public Servant 515
    7. The 2015 Amendment 519
    8. Special Courts, Exclusive Courts, and the Right to Appeal 523
    9. Rights of Victims and Witnesses 527
    10. Presumption, Forfeiture, Collective Fine and Externment 531
    11. The Bar on Anticipatory Bail, and the Challenge to It 536
    12. Kashinath Mahajan, the Protest, and the Review 540
    13. The 2018 Amendment and Section 18A 544
    14. In Public View, and the Limits of the Offence 548
    15. The Act in Practice: What the Figures Show 552
    16. Manual Scavenging as Caste Violence 556
    17. Social Boycott, and the Maharashtra Act 561
    18. Caste Inside the Prison 567
    19. Temple Entry, and the Freedom of Religion 571
    munotes.in

    Contents continued

    Module IV continued

    1. Caste Amongst the Religious Communities 575
    2. Communalism: What It Is, and What It Is Not 579
    3. Communal Violence in Outline: The Pattern Since 1947 583
    4. Partition, and What It Left Behind 587
    5. The Anti-Sikh Violence of 1984 590
    6. The Bombay Riots of 1992-93 594
    7. The Srikrishna Commission 599
    8. Gujarat 2002, and the Criminal Justice Response 603
    9. Muzaffarnagar 2013 607
    10. Lynching, and the Directions in Poonawalla 611
    11. Hate Speech: The Offences 615
    12. Hate Speech and the Freedom of Speech 621
    13. Religious Places: The 1991 Act and the 1988 Act 625
    14. The Ram Mandir and Babri Masjid Issue 629
    15. Religion and Elections 633
    16. Commissions of Inquiry: The Act, and What a Commission Can Do 637
    17. The Findings of the Various Commissions of Inquiry 642
    18. The Communal Violence Bill That Never Became Law 646
    19. The Police and Communal Violence 650
    munotes.in

    Contents continued

    Module IV continued

    1. The Union's Power When a State Cannot Keep Order 655
    2. Remedies for Collective Violence, and How Well They Work 659
    munotes.in

    Page 1 onwards

    munotes.in

    663 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. 663 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. 1 What This Paper Is About pages 1–5
    2. 2 The Criminal Justice System: Its Four Parts pages 6–9
    3. 3 Why a Crowd Defeats a Criminal Law Built for One Person pages 10–13
    4. 4 Force: The Ordinary Word and the Legal One pages 14–18
    5. 5 Criminal Force and Assault pages 19–21
    6. 6 The State's Monopoly of Legitimate Force pages 22–25
    7. 7 Coercion: Section 15 of the Contract Act pages 26–29
    8. 8 Coercion, Duress and Undue Influence Distinguished pages 30–33
    9. 9 Violence: The Word the Syllabus Does Not Define pages 34–37
    10. 10 Direct, Structural and Cultural Violence pages 38–41
    11. 11 Symbolic Violence pages 42–44
    12. 12 Institutionalised Violence pages 45–48
    13. 13 Structural Violence in India, Measured pages 49–52
    14. 14 What Makes Violence Collective pages 53–55
    15. 15 A Typology: Riot, Pogrom, Massacre, Lynching, Genocide, Terrorism, Insurgency pages 56–59
    16. 16 Common Intention and Common Object pages 60–63
    17. 17 Unlawful Assembly: The Five Common Objects pages 64–67
    18. 18 Rioting, and the Offences Around It pages 68–71
    19. 19 Affray, and How It Differs from Rioting pages 72–74
    20. 20 Promoting Enmity Between Groups pages 75–78
    21. 21 Mob Lynching, Named at Last pages 79–82
    22. 22 Destruction of Public Property pages 83–86
    23. 23 Dispersing an Unlawful Assembly: The Graduated Powers pages 87–91
    24. 24 Prohibitory and Preventive Orders pages 92–96
    25. 25 Private Defence, and the State's Use of Force pages 97–101
    26. 26 Article 19 and the Freedoms Collective Action Is Made Of pages 102–106
    27. 27 Processions, and the Right to Assemble pages 107–111
    28. 28 Ahimsa in the Indian Traditions pages 112–116
    29. 29 Gandhi's Ahimsa, and Satyagraha pages 117–120
    30. 30 Ambedkar's Objection, Which a Serious Answer Must Face pages 121–124
    31. 31 The Revolutionary Tradition in the Freedom Struggle pages 125–128
    32. 32 Sedition: From Tilak to Kedar Nath to the 2022 Abeyance pages 129–134
    33. 33 Section 152: What Replaced Sedition pages 135–138
    34. 34 The State's Approach: Preventive Detention pages 139–143
    35. 35 The State's Approach: The Special Criminal Statute pages 144–150
    36. 36 The Armed Forces and Internal Violence pages 151–155
    37. 37 The Maoist Approach, and the State's Answer to It pages 156–160
    38. 38 Upendra Baxi's Frame: Dissent, Development and Violence pages 161–164
    39. 39 The Human Rights Approach pages 165–168
    40. 40 Is Ahimsa Relevant Today? pages 169–172

    Module II 34 chapters

    1. 41 What Agrarian Violence Is pages 173–176
    2. 42 The Agrarian Structure the Violence Grows Out Of pages 177–180
    3. 43 The Colonial Land Settlements pages 181–184
    4. 44 Phase One: Resistance to the New Revenue State pages 185–187
    5. 45 Phase Two: The Tribal Risings pages 188–191
    6. 46 Phase Three: Commercial Agriculture, Debt and Tenancy pages 192–195
    7. 47 The Peasant in the National Movement pages 196–199
    8. 48 The Telangana Armed Struggle pages 200–203
    9. 49 Tebhaga, and the Sharecropper pages 204–206
    10. 50 Naxalbari, and What Followed It pages 207–210
    11. 51 The Bihar Massacres pages 211–214
    12. 52 Arwal, and the Tribunal That Reported On It pages 215–218
    13. 53 The Private Caste Army pages 219–222
    14. 54 Repression: The Police Response to Agrarian Conflict pages 223–226
    15. 55 Repression: The Encounter pages 227–231
    16. 56 Repression: Arming Civilians, and Why the Court Stopped It pages 232–236
    17. 57 Land Reform: Abolition of Intermediaries pages 237–240
    18. 58 Land Reform: Ceilings on Holdings pages 241–244
    19. 59 Land Reform: Tenancy Security pages 245–248
    20. 60 Why Land Reform Failed, and What Followed pages 249–252
    21. 61 Bonded Labour: The System and the Act pages 253–256
    22. 62 Bonded Labour Before the Courts pages 257–260
    23. 63 The Agricultural Labourer and the Minimum Wage pages 261–264
    24. 64 The Forest, the Tribe, and the Forest Rights Act pages 265–268
    25. 65 The Fifth Schedule and PESA pages 269–273
    26. 66 Tribal Land Alienation Before the Courts pages 274–278
    27. 67 Development Displacement as Agrarian Violence pages 279–282
    28. 68 The Green Revolution and Its Consequences pages 283–286
    29. 69 Farmer Suicide as Agrarian Violence pages 287–290
    30. 70 The Farm Laws Protest pages 291–294
    31. 71 What the Criminal Justice System Does With Agrarian Violence pages 295–298
    32. 72 Commissions of Inquiry Into Agrarian Violence pages 299–302
    33. 73 Objective and Causative Factors of Collective Agrarian Violence pages 303–306
    34. 74 What the Law Can and Cannot Do Here pages 307–310

    Module III 35 chapters

    1. 75 Who the Weaker Sections Are, and Who Decides pages 311–314
    2. 76 The Constitutional Vocabulary of Protection pages 315–318
    3. 77 Violence Against Women: The Scale, Counted pages 319–322
    4. 78 Rape: The Offence, and How Its Definition Changed pages 323–326
    5. 79 Mathura, and the Amendment It Forced pages 327–331
    6. 80 Consent, and the Presumption in Custodial Rape pages 332–335
    7. 81 The Two-Finger Test, and Its End pages 336–339
    8. 82 The 2013 Amendment, and the Committee Behind It pages 340–343
    9. 83 The Marital Rape Exception pages 344–347
    10. 84 The Trial: Dignity, In Camera, and the Victim's Identity pages 348–352
    11. 85 Sexual Harassment at the Workplace pages 353–357
    12. 86 Domestic Violence: A Civil Answer to a Criminal Problem pages 358–362
    13. 87 Dowry Death and Cruelty pages 363–367
    14. 88 Honour Killing, and the Khap pages 368–372
    15. 89 Acid Attack pages 373–376
    16. 90 Trafficking and Prostitution pages 377–380
    17. 91 Violence Against Children: The Scale, Counted pages 381–384
    18. 92 The POCSO Scheme pages 385–389
    19. 93 POCSO Before the Courts pages 390–393
    20. 94 Child Labour pages 394–398
    21. 95 Child Marriage pages 399–403
    22. 96 The Child in Conflict With Law pages 404–409
    23. 97 Corporal Punishment and Violence in Institutions pages 410–415
    24. 98 Violence Against Persons With Disabilities pages 416–421
    25. 99 Violence Against Transgender Persons pages 422–426
    26. 100 Violence Against the Migrant and Unorganised Worker pages 427–432
    27. 101 Custodial Violence: The Scale and the Law pages 433–438
    28. 102 Custodial Death, and the Constitutional Remedy pages 439–443
    29. 103 The Safeguards on Arrest, and How They Are Enforced pages 444–450
    30. 104 Encounter Killings, and the Guidelines pages 451–456
    31. 105 Institutionalised Violence: Causes and Remedies pages 457–461
    32. 106 Compensation as a Remedy for Institutional Violence pages 462–466
    33. 107 The Human Rights Commissions pages 467–472
    34. 108 Intersecting Disadvantage, and Why One Axis Is Not Enough pages 473–477
    35. 109 What Criminal Law Can and Cannot Do for the Weaker Sections pages 478–482

    Module IV 42 chapters

    1. 110 Caste: What It Is, and Why the Law Had to Name It pages 483–486
    2. 111 Untouchability, and Article 17 pages 487–490
    3. 112 The Protection of Civil Rights Act 1955 pages 491–495
    4. 113 Why a Second Act Was Needed pages 496–499
    5. 114 The Notion of Atrocities pages 500–504
    6. 115 The Offences in Section 3(1) pages 505–509
    7. 116 The Aggravated Offences in Section 3(2) pages 510–514
    8. 117 Neglect of Duty by a Public Servant pages 515–518
    9. 118 The 2015 Amendment pages 519–522
    10. 119 Special Courts, Exclusive Courts, and the Right to Appeal pages 523–526
    11. 120 Rights of Victims and Witnesses pages 527–530
    12. 121 Presumption, Forfeiture, Collective Fine and Externment pages 531–535
    13. 122 The Bar on Anticipatory Bail, and the Challenge to It pages 536–539
    14. 123 Kashinath Mahajan, the Protest, and the Review pages 540–543
    15. 124 The 2018 Amendment and Section 18A pages 544–547
    16. 125 In Public View, and the Limits of the Offence pages 548–551
    17. 126 The Act in Practice: What the Figures Show pages 552–555
    18. 127 Manual Scavenging as Caste Violence pages 556–560
    19. 128 Social Boycott, and the Maharashtra Act pages 561–566
    20. 129 Caste Inside the Prison pages 567–570
    21. 130 Temple Entry, and the Freedom of Religion pages 571–574
    22. 131 Caste Amongst the Religious Communities pages 575–578
    23. 132 Communalism: What It Is, and What It Is Not pages 579–582
    24. 133 Communal Violence in Outline: The Pattern Since 1947 pages 583–586
    25. 134 Partition, and What It Left Behind pages 587–589
    26. 135 The Anti-Sikh Violence of 1984 pages 590–593
    27. 136 The Bombay Riots of 1992-93 pages 594–598
    28. 137 The Srikrishna Commission pages 599–602
    29. 138 Gujarat 2002, and the Criminal Justice Response pages 603–606
    30. 139 Muzaffarnagar 2013 pages 607–610
    31. 140 Lynching, and the Directions in Poonawalla pages 611–614
    32. 141 Hate Speech: The Offences pages 615–620
    33. 142 Hate Speech and the Freedom of Speech pages 621–624
    34. 143 Religious Places: The 1991 Act and the 1988 Act pages 625–628
    35. 144 The Ram Mandir and Babri Masjid Issue pages 629–632
    36. 145 Religion and Elections pages 633–636
    37. 146 Commissions of Inquiry: The Act, and What a Commission Can Do pages 637–641
    38. 147 The Findings of the Various Commissions of Inquiry pages 642–645
    39. 148 The Communal Violence Bill That Never Became Law pages 646–649
    40. 149 The Police and Communal Violence pages 650–654
    41. 150 The Union's Power When a State Cannot Keep Order pages 655–658
    42. 151 Remedies for Collective Violence, and How Well They Work pages 659–663
    Every paper that is solved: 8 papers
    • 2025-26
    • 2025-26 - Set 2
    • 2024-25
    • 2023
    • 2019
    • 2018
    • 2016
    • 2015

  2. 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 free 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.

    munotes.in

    Contents

    Module I

    1. What Legal Education Is 1
    2. Why a Country Needs Legal Education: The Lawyer and the Judge 5
    3. The Other Careers a Law Degree Builds 9
    4. Legal Education and the Citizen 13
    5. Legal Education in the Constitution and in the Advocates Act 17
    6. The Rest of the Bar Council and Enrolment Provisions 21
    7. Legal Education in Ancient and Medieval India 26
    8. Legal Education in India Before Independence 30
    9. The Fourteenth Law Commission Report 34
    10. The 184th Report and the Argument About Standards 37
    11. The National Law Universities and the Five Year Course 41
    12. Legal Education and the National Education Policy 2020 45
    13. Two Regulators, One Course 49
    14. What the LL.M. Is For 53
    15. The Rules of Legal Education 2008 56
    16. Who May Teach Law 60
    17. The Two Law Courses, and Who May Join Them 63
    18. What Must Be Taught: Standard of Courses and the Curriculum 67
    19. The Semester System, the Infrastructure and the End Semester Test 70
    munotes.in

    Contents continued

    Module I continued

    1. Inspection, Approval and Revocation 74
    2. Accreditation, and the Machinery Behind the Rules 78
    3. Continuing Legal Education 81
    4. Foreign Degrees and Foreign Universities 85
    5. The Rest of the Rules of Legal Education 88
    6. How Law Is Taught, and Why the Method Matters 92
    7. The Lecture Method 95
    8. The Case Method 99
    9. The Problem Method 103
    10. Discussion, the Socratic Method, the Seminar and the Tutorial 106
    11. The Project and the Assignment 110
    12. Learning by Doing: The Clinical Method, Simulation and Role Play 113
    13. The Moot Court 117
    14. Out of the Classroom: Court Visits, Trial Observation and Internship 121
    15. Technology, E-Learning and the Online Classroom 125
    16. Teaching Legal Research and Legal Writing 128
    17. Choosing a Method, and Combining Methods 131
    18. What an Examination Is For 134
    munotes.in

    Contents continued

    Module I continued

    1. What Is Wrong With the Traditional Examination 137
    2. Continuous Internal Assessment and the Semester Pattern 140
    3. Question Types: Objective, Problem and Open Book 143
    4. Assessment Beyond the Written Paper 147
    5. Examining the Clinical Courses 151
    6. Marks, Grades and Credits 154
    7. Moderation, Revaluation and Transparency 157
    8. The All India Bar Examination 160
    9. Examination Reform in the Law Commission Reports and in NEP 2020 164
    10. Malpractice and Academic Integrity in Examinations 168
    11. What Examination Reform Actually Requires 171

    Module II

    1. What Clinical Legal Education Is 174
    2. Where the Clinic Came From 177
    3. What the Clinic Is For 181
    4. The Kinds of Clinic 184
    5. The Four Compulsory Clinical Papers 188
    6. The Legal Aid Clinic in a Law College 192
    munotes.in

    Contents continued

    Module II continued

    1. Why Clinical Legal Education Has Not Worked in India 196
    2. What Legal Aid Is, and Why a State Provides It 200
    3. Article 39A and the Constitutional Duty 204
    4. Legal Aid Before the 1987 Act 209
    5. The Legal Services Authorities Act: The Machinery 213
    6. Who Is Entitled to Legal Aid 217
    7. Paying for Legal Aid, and the Rest of the Act 221
    8. How a Person Actually Gets Legal Aid 225
    9. The Legal Services Clinic 228
    10. The Lok Adalat 232
    11. The Permanent Lok Adalat 237
    12. The Judgments That Made Legal Aid a Right 242
    13. Legal Aid: What Still Does Not Work 248
    14. What Legal Literacy Is 252
    15. How Legal Literacy Is Delivered 256
    16. The Law Student and Legal Literacy 260
    17. What a Legal Survey Is 264
    18. How a Legal Survey Is Done 268
    19. Surveys That Changed the Law 272
    munotes.in

    Contents continued

    Module II continued

    1. What Law Reform Is, and Who Does It 276
    2. The Law Commission of India 280
    3. From Report to Statute 284
    4. Research as the Engine of Law Reform 288
    5. Law Reform by the Courts, and Its Limits 292

    Module III

    1. What Research Is 296
    2. What Legal Research Is 299
    3. The Objectives of Legal Research 302
    4. What Makes Research Good 305
    5. Pure and Applied Research 308
    6. Descriptive and Analytical Research 311
    7. Quantitative and Qualitative Research 314
    8. Conceptual and Empirical Research 317
    9. Doctrinal Research 320
    10. Doctrinal Research: Merits and Demerits 323
    11. Non Doctrinal Research 326
    12. Non Doctrinal Research: Merits and Demerits 329
    13. Induction and Deduction in Legal Reasoning 332
    munotes.in

    Contents continued

    Module III continued

    1. Comparative Legal Research 336
    2. Historical Legal Research 340
    3. Analytical and Critical Legal Research 343
    4. Interdisciplinary Legal Research 346
    5. The Primary Sources of Legal Research 350
    6. The Secondary Sources of Legal Research 353
    7. Juristic Writings and Legal Periodicals 356
    8. Legal Databases and How to Search Them 360
    9. Computers, ICT and Legal Research 364
    10. The Digest, the Citator and Tracing a Case 368
    11. Observation and the Interview 371
    12. The Questionnaire and the Schedule 375
    13. The Case Study 379
    14. The Survey 382
    15. Sampling: What It Is and Why It Is Used 385
    16. Probability Sampling 388
    17. Non Probability Sampling 392
    18. Scaling and Measurement 396
    19. Processing and Analysing Data 399
    munotes.in

    Contents continued

    Module III continued

    1. What Empirical Work in Law Cannot Do 403
    2. Research and the Judicial Process 407
    3. What a Research Problem Is 411
    4. Where Research Problems Come From 414
    5. Choosing Between Problems 418
    6. Narrowing and Defining the Problem 421
    7. Research Questions, Aims and Objectives 424
    8. What a Hypothesis Is 428
    9. Where a Hypothesis Comes From, and What Makes It Usable 432
    10. The Types of Hypothesis 435
    11. Formulating a Hypothesis 439
    12. Testing a Hypothesis 442
    13. When the Hypothesis Is Disproved 446
    14. Does Doctrinal Research Need a Hypothesis 450

    Module IV

    1. What a Research Design Is 453
    2. What Makes a Research Design Good 456
    3. The Exploratory or Formulative Design 459
    4. Descriptive and Diagnostic Designs 462
    munotes.in

    Contents continued

    Module IV continued

    1. The Experimental Design 465
    2. Historical and Case Study Designs 468
    3. The Parts of a Research Design, and MU's Own List 471
    4. The Introduction 475
    5. Aims and Objectives of the Study 478
    6. Scope of Study, and Its Limitations 481
    7. The Review of Literature 485
    8. Sources of Information 489
    9. The Research Methodology Section 492
    10. Chapterisation 496
    11. The Sampling Design and the Data Collection Design 499
    12. Time, Cost and the Practical Design 502
    13. The Synopsis or Research Proposal 505
    14. Citation: Footnotes, APA and Legal Citation 509
    15. Bibliography and Webliography 513
    16. Plagiarism and the UGC Regulations 516
    17. Artificial Intelligence Tools in Research 521
    18. Research Ethics Beyond Plagiarism 525
    19. Writing the Report 528
    munotes.in

    Contents continued

    Module IV continued

    1. Conclusion and Suggestions 532
    2. The Viva Voce on the Dissertation 536
    3. What Goes Wrong in a Research Design 540
    munotes.in

    Page 1 onwards

    munotes.in

    543 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. 543 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. 1 What Legal Education Is pages 1–4
    2. 2 Why a Country Needs Legal Education: The Lawyer and the Judge pages 5–8
    3. 3 The Other Careers a Law Degree Builds pages 9–12
    4. 4 Legal Education and the Citizen pages 13–16
    5. 5 Legal Education in the Constitution and in the Advocates Act pages 17–20
    6. 6 The Rest of the Bar Council and Enrolment Provisions pages 21–25
    7. 7 Legal Education in Ancient and Medieval India pages 26–29
    8. 8 Legal Education in India Before Independence pages 30–33
    9. 9 The Fourteenth Law Commission Report pages 34–36
    10. 10 The 184th Report and the Argument About Standards pages 37–40
    11. 11 The National Law Universities and the Five Year Course pages 41–44
    12. 12 Legal Education and the National Education Policy 2020 pages 45–48
    13. 13 Two Regulators, One Course pages 49–52
    14. 14 What the LL.M. Is For pages 53–55
    15. 15 The Rules of Legal Education 2008 pages 56–59
    16. 16 Who May Teach Law pages 60–62
    17. 17 The Two Law Courses, and Who May Join Them pages 63–66
    18. 18 What Must Be Taught: Standard of Courses and the Curriculum pages 67–69
    19. 19 The Semester System, the Infrastructure and the End Semester Test pages 70–73
    20. 20 Inspection, Approval and Revocation pages 74–77
    21. 21 Accreditation, and the Machinery Behind the Rules pages 78–80
    22. 22 Continuing Legal Education pages 81–84
    23. 23 Foreign Degrees and Foreign Universities pages 85–87
    24. 24 The Rest of the Rules of Legal Education pages 88–91
    25. 25 How Law Is Taught, and Why the Method Matters pages 92–94
    26. 26 The Lecture Method pages 95–98
    27. 27 The Case Method pages 99–102
    28. 28 The Problem Method pages 103–105
    29. 29 Discussion, the Socratic Method, the Seminar and the Tutorial pages 106–109
    30. 30 The Project and the Assignment pages 110–112
    31. 31 Learning by Doing: The Clinical Method, Simulation and Role Play pages 113–116
    32. 32 The Moot Court pages 117–120
    33. 33 Out of the Classroom: Court Visits, Trial Observation and Internship pages 121–124
    34. 34 Technology, E-Learning and the Online Classroom pages 125–127
    35. 35 Teaching Legal Research and Legal Writing pages 128–130
    36. 36 Choosing a Method, and Combining Methods pages 131–133
    37. 37 What an Examination Is For pages 134–136
    38. 38 What Is Wrong With the Traditional Examination pages 137–139
    39. 39 Continuous Internal Assessment and the Semester Pattern pages 140–142
    40. 40 Question Types: Objective, Problem and Open Book pages 143–146
    41. 41 Assessment Beyond the Written Paper pages 147–150
    42. 42 Examining the Clinical Courses pages 151–153
    43. 43 Marks, Grades and Credits pages 154–156
    44. 44 Moderation, Revaluation and Transparency pages 157–159
    45. 45 The All India Bar Examination pages 160–163
    46. 46 Examination Reform in the Law Commission Reports and in NEP 2020 pages 164–167
    47. 47 Malpractice and Academic Integrity in Examinations pages 168–170
    48. 48 What Examination Reform Actually Requires pages 171–173

    Module II 30 chapters

    1. 49 What Clinical Legal Education Is pages 174–176
    2. 50 Where the Clinic Came From pages 177–180
    3. 51 What the Clinic Is For pages 181–183
    4. 52 The Kinds of Clinic pages 184–187
    5. 53 The Four Compulsory Clinical Papers pages 188–191
    6. 54 The Legal Aid Clinic in a Law College pages 192–195
    7. 55 Why Clinical Legal Education Has Not Worked in India pages 196–199
    8. 56 What Legal Aid Is, and Why a State Provides It pages 200–203
    9. 57 Article 39A and the Constitutional Duty pages 204–208
    10. 58 Legal Aid Before the 1987 Act pages 209–212
    11. 59 The Legal Services Authorities Act: The Machinery pages 213–216
    12. 60 Who Is Entitled to Legal Aid pages 217–220
    13. 61 Paying for Legal Aid, and the Rest of the Act pages 221–224
    14. 62 How a Person Actually Gets Legal Aid pages 225–227
    15. 63 The Legal Services Clinic pages 228–231
    16. 64 The Lok Adalat pages 232–236
    17. 65 The Permanent Lok Adalat pages 237–241
    18. 66 The Judgments That Made Legal Aid a Right pages 242–247
    19. 67 Legal Aid: What Still Does Not Work pages 248–251
    20. 68 What Legal Literacy Is pages 252–255
    21. 69 How Legal Literacy Is Delivered pages 256–259
    22. 70 The Law Student and Legal Literacy pages 260–263
    23. 71 What a Legal Survey Is pages 264–267
    24. 72 How a Legal Survey Is Done pages 268–271
    25. 73 Surveys That Changed the Law pages 272–275
    26. 74 What Law Reform Is, and Who Does It pages 276–279
    27. 75 The Law Commission of India pages 280–283
    28. 76 From Report to Statute pages 284–287
    29. 77 Research as the Engine of Law Reform pages 288–291
    30. 78 Law Reform by the Courts, and Its Limits pages 292–295

    Module III 46 chapters

    1. 79 What Research Is pages 296–298
    2. 80 What Legal Research Is pages 299–301
    3. 81 The Objectives of Legal Research pages 302–304
    4. 82 What Makes Research Good pages 305–307
    5. 83 Pure and Applied Research pages 308–310
    6. 84 Descriptive and Analytical Research pages 311–313
    7. 85 Quantitative and Qualitative Research pages 314–316
    8. 86 Conceptual and Empirical Research pages 317–319
    9. 87 Doctrinal Research pages 320–322
    10. 88 Doctrinal Research: Merits and Demerits pages 323–325
    11. 89 Non Doctrinal Research pages 326–328
    12. 90 Non Doctrinal Research: Merits and Demerits pages 329–331
    13. 91 Induction and Deduction in Legal Reasoning pages 332–335
    14. 92 Comparative Legal Research pages 336–339
    15. 93 Historical Legal Research pages 340–342
    16. 94 Analytical and Critical Legal Research pages 343–345
    17. 95 Interdisciplinary Legal Research pages 346–349
    18. 96 The Primary Sources of Legal Research pages 350–352
    19. 97 The Secondary Sources of Legal Research pages 353–355
    20. 98 Juristic Writings and Legal Periodicals pages 356–359
    21. 99 Legal Databases and How to Search Them pages 360–363
    22. 100 Computers, ICT and Legal Research pages 364–367
    23. 101 The Digest, the Citator and Tracing a Case pages 368–370
    24. 102 Observation and the Interview pages 371–374
    25. 103 The Questionnaire and the Schedule pages 375–378
    26. 104 The Case Study pages 379–381
    27. 105 The Survey pages 382–384
    28. 106 Sampling: What It Is and Why It Is Used pages 385–387
    29. 107 Probability Sampling pages 388–391
    30. 108 Non Probability Sampling pages 392–395
    31. 109 Scaling and Measurement pages 396–398
    32. 110 Processing and Analysing Data pages 399–402
    33. 111 What Empirical Work in Law Cannot Do pages 403–406
    34. 112 Research and the Judicial Process pages 407–410
    35. 113 What a Research Problem Is pages 411–413
    36. 114 Where Research Problems Come From pages 414–417
    37. 115 Choosing Between Problems pages 418–420
    38. 116 Narrowing and Defining the Problem pages 421–423
    39. 117 Research Questions, Aims and Objectives pages 424–427
    40. 118 What a Hypothesis Is pages 428–431
    41. 119 Where a Hypothesis Comes From, and What Makes It Usable pages 432–434
    42. 120 The Types of Hypothesis pages 435–438
    43. 121 Formulating a Hypothesis pages 439–441
    44. 122 Testing a Hypothesis pages 442–445
    45. 123 When the Hypothesis Is Disproved pages 446–449
    46. 124 Does Doctrinal Research Need a Hypothesis pages 450–452

    Module IV 26 chapters

    1. 125 What a Research Design Is pages 453–455
    2. 126 What Makes a Research Design Good pages 456–458
    3. 127 The Exploratory or Formulative Design pages 459–461
    4. 128 Descriptive and Diagnostic Designs pages 462–464
    5. 129 The Experimental Design pages 465–467
    6. 130 Historical and Case Study Designs pages 468–470
    7. 131 The Parts of a Research Design, and MU's Own List pages 471–474
    8. 132 The Introduction pages 475–477
    9. 133 Aims and Objectives of the Study pages 478–480
    10. 134 Scope of Study, and Its Limitations pages 481–484
    11. 135 The Review of Literature pages 485–488
    12. 136 Sources of Information pages 489–491
    13. 137 The Research Methodology Section pages 492–495
    14. 138 Chapterisation pages 496–498
    15. 139 The Sampling Design and the Data Collection Design pages 499–501
    16. 140 Time, Cost and the Practical Design pages 502–504
    17. 141 The Synopsis or Research Proposal pages 505–508
    18. 142 Citation: Footnotes, APA and Legal Citation pages 509–512
    19. 143 Bibliography and Webliography pages 513–515
    20. 144 Plagiarism and the UGC Regulations pages 516–520
    21. 145 Artificial Intelligence Tools in Research pages 521–524
    22. 146 Research Ethics Beyond Plagiarism pages 525–527
    23. 147 Writing the Report pages 528–531
    24. 148 Conclusion and Suggestions pages 532–535
    25. 149 The Viva Voce on the Dissertation pages 536–539
    26. 150 What Goes Wrong in a Research Design pages 540–543
    Every paper that is solved: 8 papers
    • 2025-26
    • 2024-25
    • 2023-24
    • 2022
    • 2019
    • 2018
    • 2016
    • 2015

  3. 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 free 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.

    munotes.in

    Contents

    Module I

    1. What This Paper Is About, and What a Crime Is 1
    2. Crime as a Legal Wrong: The Elements of an Offence 5
    3. Crime, Tort, Breach of Contract, Sin and Immorality 10
    4. Crime as a Public Wrong, and Why the State Prosecutes 14
    5. Criminal Law: What It Is and What It Does 17
    6. India's Criminal Law After 1 July 2024 21
    7. Criminology: The Word and Its Subject Matter 25
    8. The Scope, Divisions and Objectives of Criminology 28
    9. Is Criminology a Science? 31
    10. Criminology and Criminal Law: How Each Uses the Other 35
    11. Criminology, Penology, Criminal Policy and Criminal Justice 38
    12. Crime, Criminal Law and Criminology Distinguished 41
    13. Development and the Changing Patterns of Crime 44
    14. Measuring Crime: Official Statistics and the Dark Figure 47
    15. Criminalisation and Decriminalisation 50
    16. Victimology: The Discipline 53
    17. The Victim in Indian Criminal Procedure 56
    18. Compensating the Victim 60
    19. Who the Law Treats as a Criminal 64
    20. Ancient Explanations of Crime: The Demonological 67
    munotes.in

    Contents continued

    Module I continued

    1. Crime and Punishment in Ancient India 70
    2. Greek, Roman and Medieval European Thought 73
    3. The Pre-Classical School 76
    4. The Classical School: Beccaria 79
    5. Bentham and the Utilitarian Calculus 82
    6. The Classical School Criticised 86
    7. The Neo-Classical School 89
    8. The Cartographic School 92
    9. The Socialist School 96
    10. The Positive School: The Turn to the Offender 100
    11. Lombroso and the Born Criminal 103
    12. Ferri and Garofalo 107
    13. The Positive School Criticised 111
    14. Biological and Constitutional Typologies After Lombroso 114
    15. Psychiatric and Psychoanalytic Explanations 117
    16. The Chicago School and Social Ecology 121
    17. Sutherland and Differential Association 125
    18. Anomie: Durkheim and Merton 128
    19. Subcultural Explanations 131
    munotes.in

    Contents continued

    Module I continued

    1. Social Control and Labelling 134
    2. Radical, Conflict and Critical Criminology 137
    3. Modern Criminology: Rational Choice, Routine Activity and Situational Prevention 141
    4. Criminological Thought in India 145

    Module II

    1. The Multiple Factor Approach 148
    2. The Single Factor Fallacy 151
    3. Burt, Healy and the Gluecks 154
    4. Sutherland's Objection: A Factor Is Not a Cause 158
    5. The Multiple Factor Theory Evaluated 161
    6. The Multiple Factor Theory in India 164
    7. Classifying the Causes of Crime 167
    8. Physical, Geographical and Environmental Factors 170
    9. Biological and Hereditary Factors 173
    10. Age, Sex and Crime 176
    11. Psychological Factors: Intelligence, Personality and Emotion 179
    12. Mental Disorder and Criminal Responsibility 182
    13. Socio-Cultural Factors: The Family and the Broken Home 186
    munotes.in

    Contents continued

    Module II continued

    1. Socio-Cultural Factors: School, Peer Group and Companionship 189
    2. Socio-Cultural Factors: Caste, Religion, Community and Culture Conflict 192
    3. Urbanisation, Industrialisation and Migration 195
    4. Poverty as a Cause of Crime 198
    5. Unemployment, Inequality and Affluence 201
    6. Mass Media and Crime 204
    7. Obscenity, Pornography and the Printed Word 207
    8. Alcoholism and Substance Abuse 210
    9. Drugs, the NDPS Act and Drug Related Crime 213
    10. Juvenile Delinquency and Its Causes 216
    11. Recidivism and the Habitual Offender 220
    12. Organised Crime 223
    13. Cyber Crime as a Modern Form 226
    14. Crime Causation Assessed 229

    Module III

    1. Deviance: The Sociological Idea Behind This Module 232
    2. What Privileged Class Deviance Means 235
    3. White Collar Crime: Sutherland's Concept and Its Origin 238
    munotes.in

    Contents continued

    Module III continued

    1. White Collar Crime Against Traditional Crime 241
    2. Why White Collar Crime Is Hard to Prove 244
    3. White Collar Crime in India and the Santhanam Committee 247
    4. Tax Evasion, Black Money and the Parallel Economy 250
    5. Corporate Fraud and Bank Fraud 253
    6. Securities Fraud and Manipulation of the Market 257
    7. Money Laundering and Benami Holdings 260
    8. Adulteration, Spurious Goods and Crimes Against the Consumer 264
    9. Curbing White Collar Crime 267
    10. Are the Present Laws Sufficient? 270
    11. Bail in Economic Offences 273
    12. Official Deviance 277
    13. Police Deviance 280
    14. Custodial Violence and Custodial Death 283
    15. Police Deviance in Registration and Investigation 288
    16. Controlling the Abuse of Public Power: Police Reform 292
    17. Political Deviance and the Criminalisation of Politics 296
    18. Privileged Class Deviance in the Educational Field 300
    19. The Legal Control of White Collar Crime in India 304
    munotes.in

    Contents continued

    Module III continued

    1. Privileged Class Deviance and the Indian Legal Order Assessed 307
    2. What Professional Deviance Is 310
    3. Professional Deviance of Lawyers 313
    4. The Advocates Act, the Bar Councils and Professional Misconduct 316
    5. Lawyers: Strikes, Boycotts and Abstention From Work 320
    6. Lawyers: Contempt, and Who Disciplines the Bar 324
    7. Professional Deviance of Teachers 327
    8. Professional Deviance of Judges 330
    9. Judicial Accountability: The In-House Procedure, Impeachment and the Criminal Law 334
    10. Professional Deviance of Journalists 338
    11. The Press Council of India: Constitution, Functions and Powers 341
    12. The Press Council Against Unprofessional and Unethical Journalism 345
    13. How Successful the Press Council Has Been 349
    14. Paid News 353
    15. Trial by Media and the Sting Operation 357
    16. Broadcast and Digital Media, and Who Regulates Them 361
    17. Professional Deviance of Doctors 364
    munotes.in

    Contents continued

    Module III continued

    1. Medical Negligence and the Criminal Standard 367
    2. Medical Negligence Before the Consumer Forum 371
    3. The National Medical Commission and Professional Conduct 376
    4. The Lentin Commission Report 380
    5. Sex Determination, Organ Trade and Unnecessary Surgery 384
    6. Professional Deviance of Technocrats 388
    7. Professional Deviance: The Pattern the Professions Share 392

    Module IV

    1. What the Response of the Indian Legal Order Means 396
    2. The Constitutional Response 399
    3. The Prevention of Corruption Act 1988: Objects and Scheme 403
    4. Who Is a Public Servant Under the Act 407
    5. The Bribery Offences: Sections 7 to 12 411
    6. Criminal Misconduct by a Public Servant: Section 13 415
    7. Presumption, Sanction and Section 17A 419
    8. Trial, the Special Judge and Attachment 423
    9. The Antulay Case 427
    10. What the Act Has Achieved, and What It Has Not 432
    11. The Central Vigilance Commission 436
    munotes.in

    Contents continued

    Module IV continued

    1. The Legislation Under Which the Commission Is Established 440
    2. The Central Bureau of Investigation, and CBI v. CBI 443
    3. The Ombudsman: The Idea and Its Origin 449
    4. The Lokpal 452
    5. The Lokayukta 456
    6. The Public Accounts Committee 460
    7. The Comptroller and Auditor General, and the Other Financial Committees 464
    8. The Commissions of Inquiry Act 1952 468
    9. Commissions of Inquiry: Appointment, Powers and Procedure 472
    10. The Report of a Commission and What It Is Worth in Law 476
    11. Commissions of Inquiry in Practice 480
    12. The Right to Information Act as an Instrument Against Deviance 483
    13. Protecting the Whistle Blower 487
    14. Money Laundering, Attachment and Asset Recovery 491
    15. Consumer Protection and Professional Accountability 494
    16. The Judicial Response: Public Interest Litigation and Continuing Mandamus 497
    17. The Judicial Response: Speedy Trial 501
    18. The Sentencing Response 505
    munotes.in

    Contents continued

    Module IV continued

    1. The Reformative Response: Probation 509
    2. The Prison Response 513
    3. The Victim Oriented Response 517
    4. Decriminalisation as a Response 521
    5. The Response of the Indian Legal Order Assessed 525
    munotes.in

    Page 1 onwards

    munotes.in

    528 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. 528 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. 1 What This Paper Is About, and What a Crime Is pages 1–4
    2. 2 Crime as a Legal Wrong: The Elements of an Offence pages 5–9
    3. 3 Crime, Tort, Breach of Contract, Sin and Immorality pages 10–13
    4. 4 Crime as a Public Wrong, and Why the State Prosecutes pages 14–16
    5. 5 Criminal Law: What It Is and What It Does pages 17–20
    6. 6 India's Criminal Law After 1 July 2024 pages 21–24
    7. 7 Criminology: The Word and Its Subject Matter pages 25–27
    8. 8 The Scope, Divisions and Objectives of Criminology pages 28–30
    9. 9 Is Criminology a Science? pages 31–34
    10. 10 Criminology and Criminal Law: How Each Uses the Other pages 35–37
    11. 11 Criminology, Penology, Criminal Policy and Criminal Justice pages 38–40
    12. 12 Crime, Criminal Law and Criminology Distinguished pages 41–43
    13. 13 Development and the Changing Patterns of Crime pages 44–46
    14. 14 Measuring Crime: Official Statistics and the Dark Figure pages 47–49
    15. 15 Criminalisation and Decriminalisation pages 50–52
    16. 16 Victimology: The Discipline pages 53–55
    17. 17 The Victim in Indian Criminal Procedure pages 56–59
    18. 18 Compensating the Victim pages 60–63
    19. 19 Who the Law Treats as a Criminal pages 64–66
    20. 20 Ancient Explanations of Crime: The Demonological pages 67–69
    21. 21 Crime and Punishment in Ancient India pages 70–72
    22. 22 Greek, Roman and Medieval European Thought pages 73–75
    23. 23 The Pre-Classical School pages 76–78
    24. 24 The Classical School: Beccaria pages 79–81
    25. 25 Bentham and the Utilitarian Calculus pages 82–85
    26. 26 The Classical School Criticised pages 86–88
    27. 27 The Neo-Classical School pages 89–91
    28. 28 The Cartographic School pages 92–95
    29. 29 The Socialist School pages 96–99
    30. 30 The Positive School: The Turn to the Offender pages 100–102
    31. 31 Lombroso and the Born Criminal pages 103–106
    32. 32 Ferri and Garofalo pages 107–110
    33. 33 The Positive School Criticised pages 111–113
    34. 34 Biological and Constitutional Typologies After Lombroso pages 114–116
    35. 35 Psychiatric and Psychoanalytic Explanations pages 117–120
    36. 36 The Chicago School and Social Ecology pages 121–124
    37. 37 Sutherland and Differential Association pages 125–127
    38. 38 Anomie: Durkheim and Merton pages 128–130
    39. 39 Subcultural Explanations pages 131–133
    40. 40 Social Control and Labelling pages 134–136
    41. 41 Radical, Conflict and Critical Criminology pages 137–140
    42. 42 Modern Criminology: Rational Choice, Routine Activity and Situational Prevention pages 141–144
    43. 43 Criminological Thought in India pages 145–147

    Module II 27 chapters

    1. 44 The Multiple Factor Approach pages 148–150
    2. 45 The Single Factor Fallacy pages 151–153
    3. 46 Burt, Healy and the Gluecks pages 154–157
    4. 47 Sutherland's Objection: A Factor Is Not a Cause pages 158–160
    5. 48 The Multiple Factor Theory Evaluated pages 161–163
    6. 49 The Multiple Factor Theory in India pages 164–166
    7. 50 Classifying the Causes of Crime pages 167–169
    8. 51 Physical, Geographical and Environmental Factors pages 170–172
    9. 52 Biological and Hereditary Factors pages 173–175
    10. 53 Age, Sex and Crime pages 176–178
    11. 54 Psychological Factors: Intelligence, Personality and Emotion pages 179–181
    12. 55 Mental Disorder and Criminal Responsibility pages 182–185
    13. 56 Socio-Cultural Factors: The Family and the Broken Home pages 186–188
    14. 57 Socio-Cultural Factors: School, Peer Group and Companionship pages 189–191
    15. 58 Socio-Cultural Factors: Caste, Religion, Community and Culture Conflict pages 192–194
    16. 59 Urbanisation, Industrialisation and Migration pages 195–197
    17. 60 Poverty as a Cause of Crime pages 198–200
    18. 61 Unemployment, Inequality and Affluence pages 201–203
    19. 62 Mass Media and Crime pages 204–206
    20. 63 Obscenity, Pornography and the Printed Word pages 207–209
    21. 64 Alcoholism and Substance Abuse pages 210–212
    22. 65 Drugs, the NDPS Act and Drug Related Crime pages 213–215
    23. 66 Juvenile Delinquency and Its Causes pages 216–219
    24. 67 Recidivism and the Habitual Offender pages 220–222
    25. 68 Organised Crime pages 223–225
    26. 69 Cyber Crime as a Modern Form pages 226–228
    27. 70 Crime Causation Assessed pages 229–231

    Module III 46 chapters

    1. 71 Deviance: The Sociological Idea Behind This Module pages 232–234
    2. 72 What Privileged Class Deviance Means pages 235–237
    3. 73 White Collar Crime: Sutherland's Concept and Its Origin pages 238–240
    4. 74 White Collar Crime Against Traditional Crime pages 241–243
    5. 75 Why White Collar Crime Is Hard to Prove pages 244–246
    6. 76 White Collar Crime in India and the Santhanam Committee pages 247–249
    7. 77 Tax Evasion, Black Money and the Parallel Economy pages 250–252
    8. 78 Corporate Fraud and Bank Fraud pages 253–256
    9. 79 Securities Fraud and Manipulation of the Market pages 257–259
    10. 80 Money Laundering and Benami Holdings pages 260–263
    11. 81 Adulteration, Spurious Goods and Crimes Against the Consumer pages 264–266
    12. 82 Curbing White Collar Crime pages 267–269
    13. 83 Are the Present Laws Sufficient? pages 270–272
    14. 84 Bail in Economic Offences pages 273–276
    15. 85 Official Deviance pages 277–279
    16. 86 Police Deviance pages 280–282
    17. 87 Custodial Violence and Custodial Death pages 283–287
    18. 88 Police Deviance in Registration and Investigation pages 288–291
    19. 89 Controlling the Abuse of Public Power: Police Reform pages 292–295
    20. 90 Political Deviance and the Criminalisation of Politics pages 296–299
    21. 91 Privileged Class Deviance in the Educational Field pages 300–303
    22. 92 The Legal Control of White Collar Crime in India pages 304–306
    23. 93 Privileged Class Deviance and the Indian Legal Order Assessed pages 307–309
    24. 94 What Professional Deviance Is pages 310–312
    25. 95 Professional Deviance of Lawyers pages 313–315
    26. 96 The Advocates Act, the Bar Councils and Professional Misconduct pages 316–319
    27. 97 Lawyers: Strikes, Boycotts and Abstention From Work pages 320–323
    28. 98 Lawyers: Contempt, and Who Disciplines the Bar pages 324–326
    29. 99 Professional Deviance of Teachers pages 327–329
    30. 100 Professional Deviance of Judges pages 330–333
    31. 101 Judicial Accountability: The In-House Procedure, Impeachment and the Criminal Law pages 334–337
    32. 102 Professional Deviance of Journalists pages 338–340
    33. 103 The Press Council of India: Constitution, Functions and Powers pages 341–344
    34. 104 The Press Council Against Unprofessional and Unethical Journalism pages 345–348
    35. 105 How Successful the Press Council Has Been pages 349–352
    36. 106 Paid News pages 353–356
    37. 107 Trial by Media and the Sting Operation pages 357–360
    38. 108 Broadcast and Digital Media, and Who Regulates Them pages 361–363
    39. 109 Professional Deviance of Doctors pages 364–366
    40. 110 Medical Negligence and the Criminal Standard pages 367–370
    41. 111 Medical Negligence Before the Consumer Forum pages 371–375
    42. 112 The National Medical Commission and Professional Conduct pages 376–379
    43. 113 The Lentin Commission Report pages 380–383
    44. 114 Sex Determination, Organ Trade and Unnecessary Surgery pages 384–387
    45. 115 Professional Deviance of Technocrats pages 388–391
    46. 116 Professional Deviance: The Pattern the Professions Share pages 392–395

    Module IV 34 chapters

    1. 117 What the Response of the Indian Legal Order Means pages 396–398
    2. 118 The Constitutional Response pages 399–402
    3. 119 The Prevention of Corruption Act 1988: Objects and Scheme pages 403–406
    4. 120 Who Is a Public Servant Under the Act pages 407–410
    5. 121 The Bribery Offences: Sections 7 to 12 pages 411–414
    6. 122 Criminal Misconduct by a Public Servant: Section 13 pages 415–418
    7. 123 Presumption, Sanction and Section 17A pages 419–422
    8. 124 Trial, the Special Judge and Attachment pages 423–426
    9. 125 The Antulay Case pages 427–431
    10. 126 What the Act Has Achieved, and What It Has Not pages 432–435
    11. 127 The Central Vigilance Commission pages 436–439
    12. 128 The Legislation Under Which the Commission Is Established pages 440–442
    13. 129 The Central Bureau of Investigation, and CBI v. CBI pages 443–448
    14. 130 The Ombudsman: The Idea and Its Origin pages 449–451
    15. 131 The Lokpal pages 452–455
    16. 132 The Lokayukta pages 456–459
    17. 133 The Public Accounts Committee pages 460–463
    18. 134 The Comptroller and Auditor General, and the Other Financial Committees pages 464–467
    19. 135 The Commissions of Inquiry Act 1952 pages 468–471
    20. 136 Commissions of Inquiry: Appointment, Powers and Procedure pages 472–475
    21. 137 The Report of a Commission and What It Is Worth in Law pages 476–479
    22. 138 Commissions of Inquiry in Practice pages 480–482
    23. 139 The Right to Information Act as an Instrument Against Deviance pages 483–486
    24. 140 Protecting the Whistle Blower pages 487–490
    25. 141 Money Laundering, Attachment and Asset Recovery pages 491–493
    26. 142 Consumer Protection and Professional Accountability pages 494–496
    27. 143 The Judicial Response: Public Interest Litigation and Continuing Mandamus pages 497–500
    28. 144 The Judicial Response: Speedy Trial pages 501–504
    29. 145 The Sentencing Response pages 505–508
    30. 146 The Reformative Response: Probation pages 509–512
    31. 147 The Prison Response pages 513–516
    32. 148 The Victim Oriented Response pages 517–520
    33. 149 Decriminalisation as a Response pages 521–524
    34. 150 The Response of the Indian Legal Order Assessed pages 525–528
    Every paper that is solved: 9 papers
    • 2025-26
    • 2025-26 - Set 2
    • 2024-25
    • 2023
    • 2023 - Set 2
    • 2019
    • 2018
    • 2016
    • 2015

  4. 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

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    Written and first published by munotes.in, 2026.

    This book is free 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.

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    munotes.in

    Contents

    Module I

    1. What the Judicial Process Is 1
    2. The Judicial Process as an Instrument of Social Ordering 6
    3. Cardozo and the Nature of the Judicial Process 11
    4. The Declaratory Theory and the Living Oracle 15
    5. Judicial Reasoning, not Calculation 19
    6. The Final Cause of Law Is the Welfare of Society 23
    7. The Gap in the Law 27
    8. Creation, not Discovery 31
    9. The Method of Philosophy: The Rule of Logic 36
    10. The Method of History 40
    11. The Method of Tradition and Custom 44
    12. The Method of Sociology 48
    13. Judicial Creativity and the Growth of Law 53
    14. The Tools and Techniques of Judicial Creativity 57
    15. The Limits of Judicial Creativity 62
    16. The Doctrine of Precedent 67
    17. Ratio Decidendi and Obiter Dicta 71
    18. When a Precedent Binds, and When It Does Not 75
    19. The Merits and the Demerits of Precedent 79
    20. Distinguishing and Overruling: Precedent as Creativity 83
    munotes.in

    Contents continued

    Module I continued

    1. Article 141 and Stare Decisis in India 87
    2. When the Supreme Court Departs from Itself 91
    3. Legal Development through Codification 95

    Module II

    1. The Special Dimensions of the Judicial Process 99
    2. What Judicial Review Is 103
    3. The Constitutional Basis of Judicial Review in India 107
    4. The Grounds of Judicial Review 111
    5. Judicial Review as a Basic Feature of the Constitution 115
    6. The Philosophy of Judicial Review and Limited Government 120
    7. The Role of the Courts in Constitutional Adjudication 124
    8. Judicial Review as a Check on Power 128
    9. What Judicial Activism Is 132
    10. The Varieties of Judicial Activism 136
    11. The Scope and the Necessity of Judicial Activism 140
    12. The Limits of Judicial Activism and the Charge of Overreach 144
    13. Judicial Activism and Judicial Restraint 149
    14. Judicial Accountability 153
    15. The Institutional Liability of the Courts: Scope and Limits 157
    munotes.in

    Contents continued

    Module II continued

    1. The Accountability of the Executive 161
    2. The Judicial Process in India 165
    3. The Independence of the Judiciary 169
    4. The Constitutional Guarantees of Independence 173
    5. The Appointment of Judges 177
    6. The First Judges Case 181
    7. The Second Judges Case 184
    8. The Third Judges Case 187
    9. The National Judicial Appointments Commission 191
    10. The Political Nature of the Judicial Process 195
    11. Structural Vulnerability and the Political Executive 199
    12. The Judicial Creativity of the Supreme Court of India 203
    13. The Judicial Process in Pursuit of Constitutional Goals and Values 207
    14. New Dimensions of Judicial Activism, and the Structural Challenges 211
    15. Constitutional Jurisprudence Built through Judicial Activism 215
    16. What Public Interest Litigation Is 219
    17. Locus Standi and Epistolary Jurisdiction 223
    18. PIL as a Judicial Arm Creating New Dimensions for Achieving Justice 227
    munotes.in

    Contents continued

    Module II continued

    1. The Misuse of PIL, and the Remedies 231
    2. The Constitution as a Living Document 235
    3. Creative Law-Making and the New Socio-Economic Rights 239
    4. Substance over Technicality: Articles 14 and 21 243
    5. Individual Freedom and Collective Welfare 247
    6. Judicial Activism for the Marginalised 251
    7. The Prison Cases and the Dignity of the Individual 255

    Module III

    1. What Justice Is 259
    2. Dharma: What the Word Means 263
    3. The Sources of Dharma 267
    4. Dharma as the Foundation of Legal Ordering 271
    5. Dharma as the Foundation of Justice in India 275
    6. The Aspects of Dharma 279
    7. Raja Dharma: The Duty of the Ruler 283
    8. Dharma in the Indian Legal System Today 287
    9. The Purpose of Dharma 291
    10. Dharma Is Not Religion 295
    11. Dharma, Natural Justice and the Rule of Law 299
    munotes.in

    Contents continued

    Module III continued

    1. Justice in Greek Thought: Plato and Aristotle 303
    2. The Liberal Contractual Tradition 307
    3. Rawls and Justice as Fairness 311
    4. The Liberal Moral Tradition: Kant 315
    5. The Liberal Utilitarian Tradition: Bentham and Mill 319
    6. The Critics of Liberal Justice 324

    Module IV

    1. The Relation between Law and Justice 328
    2. Equivalence Theories of Justice 332
    3. Dependency Theories of Justice 336
    4. The Independence of Justice from Law 340
    5. The Interrelationship, Read through the Theories of Justice 344
    6. Law and Justice in the Indian Constitutional Order 348
    7. Supreme Court Cases Read through the Theories of Justice 352
    munotes.in

    Page 1 onwards

    munotes.in

    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. 1 What the Judicial Process Is pages 1–5
    2. 2 The Judicial Process as an Instrument of Social Ordering pages 6–10
    3. 3 Cardozo and the Nature of the Judicial Process pages 11–14
    4. 4 The Declaratory Theory and the Living Oracle pages 15–18
    5. 5 Judicial Reasoning, not Calculation pages 19–22
    6. 6 The Final Cause of Law Is the Welfare of Society pages 23–26
    7. 7 The Gap in the Law pages 27–30
    8. 8 Creation, not Discovery pages 31–35
    9. 9 The Method of Philosophy: The Rule of Logic pages 36–39
    10. 10 The Method of History pages 40–43
    11. 11 The Method of Tradition and Custom pages 44–47
    12. 12 The Method of Sociology pages 48–52
    13. 13 Judicial Creativity and the Growth of Law pages 53–56
    14. 14 The Tools and Techniques of Judicial Creativity pages 57–61
    15. 15 The Limits of Judicial Creativity pages 62–66
    16. 16 The Doctrine of Precedent pages 67–70
    17. 17 Ratio Decidendi and Obiter Dicta pages 71–74
    18. 18 When a Precedent Binds, and When It Does Not pages 75–78
    19. 19 The Merits and the Demerits of Precedent pages 79–82
    20. 20 Distinguishing and Overruling: Precedent as Creativity pages 83–86
    21. 21 Article 141 and Stare Decisis in India pages 87–90
    22. 22 When the Supreme Court Departs from Itself pages 91–94
    23. 23 Legal Development through Codification pages 95–98

    Module II 40 chapters

    1. 24 The Special Dimensions of the Judicial Process pages 99–102
    2. 25 What Judicial Review Is pages 103–106
    3. 26 The Constitutional Basis of Judicial Review in India pages 107–110
    4. 27 The Grounds of Judicial Review pages 111–114
    5. 28 Judicial Review as a Basic Feature of the Constitution pages 115–119
    6. 29 The Philosophy of Judicial Review and Limited Government pages 120–123
    7. 30 The Role of the Courts in Constitutional Adjudication pages 124–127
    8. 31 Judicial Review as a Check on Power pages 128–131
    9. 32 What Judicial Activism Is pages 132–135
    10. 33 The Varieties of Judicial Activism pages 136–139
    11. 34 The Scope and the Necessity of Judicial Activism pages 140–143
    12. 35 The Limits of Judicial Activism and the Charge of Overreach pages 144–148
    13. 36 Judicial Activism and Judicial Restraint pages 149–152
    14. 37 Judicial Accountability pages 153–156
    15. 38 The Institutional Liability of the Courts: Scope and Limits pages 157–160
    16. 39 The Accountability of the Executive pages 161–164
    17. 40 The Judicial Process in India pages 165–168
    18. 41 The Independence of the Judiciary pages 169–172
    19. 42 The Constitutional Guarantees of Independence pages 173–176
    20. 43 The Appointment of Judges pages 177–180
    21. 44 The First Judges Case pages 181–183
    22. 45 The Second Judges Case pages 184–186
    23. 46 The Third Judges Case pages 187–190
    24. 47 The National Judicial Appointments Commission pages 191–194
    25. 48 The Political Nature of the Judicial Process pages 195–198
    26. 49 Structural Vulnerability and the Political Executive pages 199–202
    27. 50 The Judicial Creativity of the Supreme Court of India pages 203–206
    28. 51 The Judicial Process in Pursuit of Constitutional Goals and Values pages 207–210
    29. 52 New Dimensions of Judicial Activism, and the Structural Challenges pages 211–214
    30. 53 Constitutional Jurisprudence Built through Judicial Activism pages 215–218
    31. 54 What Public Interest Litigation Is pages 219–222
    32. 55 Locus Standi and Epistolary Jurisdiction pages 223–226
    33. 56 PIL as a Judicial Arm Creating New Dimensions for Achieving Justice pages 227–230
    34. 57 The Misuse of PIL, and the Remedies pages 231–234
    35. 58 The Constitution as a Living Document pages 235–238
    36. 59 Creative Law-Making and the New Socio-Economic Rights pages 239–242
    37. 60 Substance over Technicality: Articles 14 and 21 pages 243–246
    38. 61 Individual Freedom and Collective Welfare pages 247–250
    39. 62 Judicial Activism for the Marginalised pages 251–254
    40. 63 The Prison Cases and the Dignity of the Individual pages 255–258

    Module III 17 chapters

    1. 64 What Justice Is pages 259–262
    2. 65 Dharma: What the Word Means pages 263–266
    3. 66 The Sources of Dharma pages 267–270
    4. 67 Dharma as the Foundation of Legal Ordering pages 271–274
    5. 68 Dharma as the Foundation of Justice in India pages 275–278
    6. 69 The Aspects of Dharma pages 279–282
    7. 70 Raja Dharma: The Duty of the Ruler pages 283–286
    8. 71 Dharma in the Indian Legal System Today pages 287–290
    9. 72 The Purpose of Dharma pages 291–294
    10. 73 Dharma Is Not Religion pages 295–298
    11. 74 Dharma, Natural Justice and the Rule of Law pages 299–302
    12. 75 Justice in Greek Thought: Plato and Aristotle pages 303–306
    13. 76 The Liberal Contractual Tradition pages 307–310
    14. 77 Rawls and Justice as Fairness pages 311–314
    15. 78 The Liberal Moral Tradition: Kant pages 315–318
    16. 79 The Liberal Utilitarian Tradition: Bentham and Mill pages 319–323
    17. 80 The Critics of Liberal Justice pages 324–327

    Module IV 7 chapters

    1. 81 The Relation between Law and Justice pages 328–331
    2. 82 Equivalence Theories of Justice pages 332–335
    3. 83 Dependency Theories of Justice pages 336–339
    4. 84 The Independence of Justice from Law pages 340–343
    5. 85 The Interrelationship, Read through the Theories of Justice pages 344–347
    6. 86 Law and Justice in the Indian Constitutional Order pages 348–351
    7. 87 Supreme Court Cases Read through the Theories of Justice pages 352–356
    Every paper that is solved: 8 papers
    • 2025-26
    • 2024-25
    • 2023-24
    • 2022
    • 2019
    • 2018
    • 2016
    • 2015

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