IN-SERVICE COURSES: DETAILED SYNOPSES

Scheme of the Courses: Sensitisation, Knowledge, Skills, Attitude and Judicial Ethics are interwoven in each of the courses even though the courses have been listed separately under these four categories. It will be ensured that these four aspects are integrated in each seminar.

Knowledge:

1. Cr PC (Amendment) Act, Appeals and Revisions in Cr PC

· Session 1- Cr PC Amendments: - Plea Bargaining – Basic Principles for Just Plea Bargaining; Provisions in Cr PC

· Session 2 - Cr PC (Amendments) 2008 – Bail, Witness Protection / Malimath Committee)

· Session 3 – Appeals and Revisions – (i) Distinction between Appeals and Revisions, Circumstances in which Appeals may be made, Cases needing Priority Handling

· Session 4 - Appeals and Revisions – (ii) Powers in Appeals and Revisions; Difference in Powers

2. Appreciation of evidence; Recording of statements u/313 Cr PC

· Session 1 - S.27 Evidence Act- Admissible Evidence

· Session 2 - S.27 Evidence Act- Inadmissible Evidence,

· Session 3 - Scope and Procedure for Recording Statements u/ S.313 Cr PC

· Session 4 - Plea Bargaining – Basic Principles for Just Plea Bargaining; Provisions in Cr PC

3. Maintenance and Welfare of Parents and Senior Citizens Act, 2007; Rehabilitation: Role of Courts, DV Act

· Session 1 – Protection of Women against Domestic Violence Act, 2005 – Extent of Domestic Violence, Issues before the Courts: Definitions: Domestic Violence, Domestic Relationship, Shared Household, Victim, Respondent, Aggrieved Person

· Session 2 - Protection of Women against Domestic Violence Act, 2005 - Relief Orders, Consequences of Violation

· Session 3 - Maintenance and Welfare of Parents and Senior Citizens Act, 2007: Changing Demography; Scheme of the Act (with Special Reference to Ss.12, 23)

· Session 4 - Rehabilitation: Role of Courts: Prisoners, Women Prisoners, Mentally Ill Prisoners, Probationers, Women Victims, Child Accused, Child in Need, Child Victims, Terminally Ill Persons

4. Executions in CPC

· Sessions 1: Jurisdiction for Execution – Ss. 36-46 CPC

· Session 2 - Mode of Execution – Order XXI Rules 30-36

· Money Decree

· Payment of Money

· Moveable Property

· Restitution of Conjugal Rights

· Injunctions

· Documents / Negotiable Instruments

· Immoveable Property

· Immoveable Property – In Occupancy of Tenant

· Session 3: Objections to Executions – S.47 CPC

· Session 4: Attachments for Execution – Order XXI Rules 41-57

5. Cyber Laws

· Scheme and Special Features of IT Act: Jurisdiction of Courts

· E-governance and Admissibility and Collection of E-evidence

· Mode of Proof and Appreciation of Evidence

· E-Courts – Critique and Precautions

6. Doctrine of Precedent

· Common Law System and Doctrine of ‘Stare Decisis’ - Art.141

· Difference between Ratio and Obiter

· Identifying Precedent

· Conflicting Precedents

7. Use of Computers and Internet in Judicial Work

· Use of Computers in Analysing Evidence, Writing Judgments, Uploading Judgments

· Research on Internet – Sources of Information and Pitfalls

· Sharing Knowledge

· Easy Access to Stakeholders

Skills Courses:

1. Judicial Management:

· Court Management – Dealing with Lawyers, Staff, Litigants, Victims, Media, Seniors, Financial Management

· Docket Management – Categorisation and Prioritisation of Cases, Maintaining the Cause List

· Case Management – Dealing with Adjournments, Interim Application

· Stress Management – Importance and Techniques

2. Reasoning and Judgment writing

· Legal Reasoning

· Legal Research

· Judgment Writing : Court of Records, Writing Style, Legal Writing

· Judgment Writing for the Appellate Court, Lawyers, Litigants, Victims, Academic, Society

Attitude:

1. Terrorism

· Human Rights and Terrorism : War on Terror and War of Terror

· Fair Trial and Presumption of Guilt; No Bail; Special Courts, Minimum Mandatory Sentence

· Dealing with Organised Crime and Terrorism

· Victim Protection

2. Women and Law

o Status of Women

o Women at Workplace: Labour Laws and Sexual Harassment

o Women in Criminal Law – Offenders and Victims

o Personal Laws

3. Law and Poverty, Distributive Justice and Caste, Access to Justice: Legal Aid

· Empoverishment by Law

· Distributive Justice

· Access to Justice

· Legal Aid

4. Children and Law

· Child Victims and Witnesses

· Children in Family – Marital Discord, Adoption, Guardianship, Custody

· Child Offenders

· Children in Need of Care

5. Gender Discrimination

§ LGTB, Hizra Community

§ Discrimination against LGTB, Hizra Community

§ S. 377 IPC and Naaz Foundation Case

§ Rights in Live-in Relationship

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6. Discrimination on the Basis of Disability

§ From Disabled to Differently Abled

§ Convention on Persons with Disabilities and Right to Health under the Indian Constitution

§ The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995: Critical Issues

§ The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act 1999: Critical Issues

Judicial Ethics

Personality of a Judge and Standards of judicial conduct and behaviour, including:

· Bangalore Principles

· Conduct Rules

· Leadership, Team Building, Leading the Change, Strategies to Deal with Resistance

Mental Health Act

· Mental Health – An Overview: Myths and Realities, International Conventions, Mental Health Act, 1987

· Powers and Duties of the Magistrates under Mental Healt Act, 1987.

Methodology:

Trainee Participation: The participants will be asked in advance to prepare a presentation in groups of three or four on the first topic of the training each day. The first session on each day of the training will have two presentations followed by discussion on the topic. One presentation will locate the source provision in the Constitution for the law under consideration and will analyse the policy and context of that law. The second presentation will critically examine functioning of that aspect in the law Courts. It will be our endeavour to link the component of training on judicial skills and judicial ethics to the subjects focussed in the knowledge and attitude category.

Eight presentations will be made in the course of the four-day training programme. As each course will be attended by 30-32 officers, they will be writing papers in groups of four or three. This methodology is chosen to promote participation by the officers in the training, owning up of information, as well as increased interaction among officers. Presentations of good quality from these programmes may be published in the DJA journal. The skills of research and writing will also be sharpened in this process.

Other Methods: Presentations by participants will be supplemented by Exercises, Lectures, Discussions, Role plays, Problem Solving, Group Work as found appropriate by the Resource Persons.

Training Materials: Relevant Case Law, Critical Writings, Audio and Visual Media