MSU LL.B Syllabus FY | SY | TY

LLB | SEM 5

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LL.B. Semester V Syllabus Overview

The fifth semester consists of five compulsory core courses:

Law of Crimes-II The Bharatiya Nagarik Suraksha Sanhita, 2023 ( CRPC)
Public International Law
Law of Evidence
Intellectual Property Rights

ELECTIVE SUBJECT

International Trade Law
Air and Space Law
Media and Law

Course Content

SEM 5 | Law of Crimes-II The Bharatiya Nagarik Suraksha Sanhita, 2023 ( CRPC)
Unit 1: Introduction and General Information (S-1 to 124) 1.1 Background, Major changes/The Salient features of the BNSS 1.2 Definitions 1.3 Constitution of Criminal Courts and Offices 1.4 Powers of Courts, Powers of Superiors officers of Police 1.5 Arrest of persons 1.6 Process to Compel Appearance: Summons, Warrant of arrest 1.7 Proclamation and attachment, other rules regarding processes, Process to compel the production of things, Reciprocal arrangement for assistance in certain matters 1.8 Procedure for attachment and forfeiture of property Unit 2: Security for keeping the Peace and for good behaviour (S-125-167) 2.1 Security for keeping the Peace and for good behaviour 2.2 Order for maintenance of wives, children and Parents 2.3 Maintenance of Public Order and Tranquillity 2.4 Unlawful Assembly 2.5 Public Nuisances 2.6 Urgent cases of nuisance or apprehended danger, Dispute as to immovable Property Unit 3: Preventive action of Police (S-168 -247) 3.1 Information to the police and their powers to Investigate 3.2 Jurisdiction of Criminal courts in Inquiries and trials 3.3 Conditions Requisite for Initiation of Proceedings 3.4 Complaint to Magistrates 3.5 Commencement of Proceeding before Magistrates 3.6 Charge 3.6.1 Form of charges 3.6.2 Joinder of charges Unit 4: Trial before a Court of Session (S-248-378) 4.1 Trial before court of Session 4.2 Trial of Warrant cases by Magistrates 4.3 Trial of Summons cases by Magistrates 4.3 Summary Trials (Note: Appears as 4.3 in original text) 4.4 Plea Bargaining 4.5 Attendance of person detained under any law for preventive detention 4.6 Evidence in Inquiries and Trials 4.7 General provisions as to inquiries and Trials 4.8 Provisions as to accused persons of Unsound mind 4.9 Provisions as to offences affecting the Administration of Justice Unit 5: The Judgment, Appeals, Reference, Revision and Review (S-379-531) 5.1 The Judgment 5.2 Submission of Death Sentences for Confirmation 5.3 Reference and Revision 5.4 Transfer of Criminal cases 5.5 Execution, suspension, remission and commutation of sentences 5.6 Provisions as to bail and Bonds 5.7 Disposal of Property, Irregular Proceedings 5.8 Irregular Proceedings (Note: Repeated in original text) 5.9 Limitation for taking cognizance of certain offences 5.10 Miscellaneous (Section 520-531) Unit 6: The Juvenile Justice (Care and Protection of Children) Act, 2015 & The Probation of Offenders Act, 1958 and The Prevention of Money Laundering Act, 2002 6.1 Introduction, Purposes 6.1.1 Definitions 6.1.2 Juvenile in conflict with Law 6.1.3 Child in need of care and protection 6.1.4 Rehabilitation and Social Integration 6.2 The Probation of Offenders Act, 1958 6.2.1 Definitions 6.2.3 Power of Court to release certain offenders after admonition 6.2.4 Probation Officer, Duties of Probation officer etc. 6.3 The Prevention of Money Laundering Act 6.3.1 Salient features 6.3.2 Definitions 6.3.3 Offences of Money Laundering 6.3.4 Authorities 6.3.5 Special Courts 6.3.6 Summons, search and seizures 6.3.7 Attachment, Adjudication and confiscation

SEM 5 | Public International Law
Unit I: Historical and Theoretical foundation of International Law 1.1 Definition and Concept of International Law 1.2 Sources of International Law 1.3 Historical Development of International Law 1.4 Relationship between International Law and Municipal Law Unit II: State in General 2.1 Criteria of Statehood 2.2 Classification/Kinds of State 2.3 Recognition of State Unit III: State Jurisdiction I 3.1 Law of the Sea 3.2 Jurisdiction in Air Space and Outer Space 3.3 Territorial Jurisdiction- Limitations, Civil and Criminal Jurisdiction of State Unit IV: State Jurisdiction II 4.1 State Responsibility, Kinds and its Consequences 4.2 Nationality 4.3 Asylum 4.4 Extradition 4.5 Territorial and Extra Territorial jurisdiction 4.6 Diplomatic Agents and Consuls Unit V: The United Nation Organization 5.1 League of nations 5.2 Origin and purpose of UNO 5.3 Principles and membership of UNO 5.4 The General Assembly, Security Council and Secretariat – Composition, Jurisdiction and Powers 5.5 The international court of justice Composition, Jurisdiction and Contribution to International Law Unit VI: Laws of War 6.1 Disarmament and Nuclear Proliferation 6.2 History of laws of war 6.3 Provisions relating to use of force under U. N. charter, U. N. peace keeping forces 6.4 Conventional and Nuclear Arms Race 6.5 International regime for controlling nuclear proliferation, N P T and S A L T Negotiations, C T B T (Comprehensive Test Ban Treaty) 6.6 Legality of nuclear weapons – Customary law of self-defense and Article 2 (4) and 51 of the U. N. Charter, Definition of Aggression

SEM 5 | Law of Evidence
Unit 1: Introduction & Central Conceptions of Law 1.1 Historical background 1.2 Main features of Bharatiya Sakshya Adhiniyam, 2023 1.3 Principles of Law of Evidence 1.4 Central Conceptions of Law of Evidence 1.4.1 Short title, Extent & Application (Section 1) 1.4.2 Definitions (Section 2) Unit 2: Relevancy of Facts – I 2.1 Evidence may be given of facts in issue and relevant facts (Section 3) (Note: Sub-unit indexing follows original text pattern) 2.1 The Doctrine of Res Gestae (Sections 4-6) 2.2 Facts necessary to explain or introduce fact in issue or relevant facts (Section 7) 2.3 Evidence of Common Intention (Section 8) 2.4 The problems of relevancy of ‘otherwise’ irrelevant facts (Section 9) 2.5 Facts tending to enable Court to determine amount are relevant in suits for damages (Section 10) 2.6 Relevant facts of proof of custom (Section 11) 2.7 Facts concerning bodily feelings and mental state (Sections 12) 2.8 Facts bearing on question whether act was accidental or intentional (Section 13) 2.9 Existence of course of business when relevant (Section 14) 2.10 Admissions & Confessions (Sections 15– 25) 2.11 Statements by persons who cannot be called as witnesses (Sections 26 – 27) Unit 3: Relevancy of Facts– II 3.1 Statements made under special circumstances (Sections 28 – 32) 3.2 How much of a statement is to be proved (Section 33) 3.3 Judgments of Courts when relevant (Sections 34 – 38) 3.4 Opinions of third persons when relevant (Sections 39 – 45) 3.5 Character when relevant (Sections 46 – 50) Unit 4: Of Proof, Oral & Documentary Evidence, Presumptions as to Documentary Evidence 4.1 Facts which need not be proved (Sections 51– 53) 4.2 Of Oral Evidence (Sections 54 – 55) 4.3 Of Documentary Evidence (Sections 56– 77) 4.4 Presumptions as to Documents (Sections 78– 93) Unit 5: Exclusion of Oral by Documentary Evidence, Burden of Proof & Estoppel 5.1 Of the exclusion of oral evidence by documentary evidence & Savings clause (Sections 94 – 103) 5.2 Of the Burden of Proof & Presumptions (Sections 104 – 120) 5.3 Estoppel (Sections 121 – 123) (Note: In original text, referenced sections end at 123) +1 Unit 6: Of Witnesses, Examination of Witnesses, Repeals & Savings 6.1 Of Witnesses (Sections 124 – 139) 6.2 Examination of Witnesses (Sections 140 – 169) 6.3 Repeals & Savings (Section 170)

SEM 5 | Intellectual Property Rights
Unit 1: Nature of Intellectual Property and Law on Trademarks I 1.1 Meaning, types and nature of Intellectual property 1.1.1 An Overview of Economic importance of Intellectual Property 1.1.2 International Organisations on IP 1.2 Introduction to Trademarks Law 1.2.1 Objects and Scope 1.3 Kinds of Marks and Trademarks 1.4 Registrations of Trade Marks 1.4.1 Pre-requisites for registration 1.4.2 Absolute and Relative Grounds for Refusal of Registration 1.4.3 Concept of Deceptive Similarity and its Applicability in Registration 1.4.4 Use of Trade Marks and Registered Users Unit 2: Law on Trademarks II 2.1 Procedure for registration of trademarks 2.2 Rights of proprietor 2.3 Infringement of trademark and Remedies (Civil and Criminal) 2.4 Assignment and Transmission 2.5 Term of trademark, renewal and restoration 2.6 Rectification, Correction of the Register and Certification of Trademarks 2.7 Authorities under the Act 2.8 Appellate Board 2.9 International Framework on Trademarks 2.9.1 TRIPS: Relevant provisions 2.9.2 Madrid Agreement, Protocol and Common Rules Unit 3: Law on Copyright I 3.1 Introduction to the Law of Copyright 3.1.1 Historical development 3.1.2 Meaning, Objectives and Nature of Copyright Law 3.2 Works protected/Subject matter under Copyright Act, 1957 3.3 Rights of Copyright Owner and Author 3.3.1 Statutory Rights 3.3.2 Moral Rights of Author 3.4 Ownership of copyright 3.5 Term of Copyright 3.6 Assignment and License of copyright Unit 4: Law on Copyright II 4.1 Copyright Societies 4.2 Neighboring rights 4.2.1 Performer's rights 4.2.2 Broadcast reproduction right 4.3 Authorities under the Act 4.4 Infringement of copyrights 4.4.1 Principles to decide Infringement 4.4.2 Doctrine of Fair dealing 4.5 Remedies against infringement of Copyright 4.6 International Framework on Copyright 4.6.1 Berne Convention for the protection of Literary Works 4.6.2 TRIPS: Relevant provisions Unit 5: Law on Patent I 5.1 Introduction of Patent Law in India 5.1.1 Historical development 5.1.2 Meaning, Objectives and Nature of Patent 5.2 Principles underlying patent law 5.3 Patentable and non-patentable inventions 5.4 Procedure for the grant of patent: 5.4.1 Procedure 5.4.2 Provisional and Complete Specifications 5.4.2 Grounds of Opposition (Note: Sub-unit numbering matches original layout) Unit 6: Law on Patent II 6.1 Rights of patentee and limitations thereof 6.2 Patents of Addition, Patent Agents and Term of Patent protection 6.3 Surrender and Revocation of Patent 6.4 Patent Office and Authorities under the Act 6.5 Assignment and Licenses 6.6 Government Use 6.7 Infringement and Remedies 6.8 International Framework on Patents 6.8.1 Paris Convention for Protection of Industrial Property 6.8.2 TRIPS: Relevant Provisions 6.8.3 Patent Co-operation Treaty, 1970

SEM 5 | ELECTIVE : International Trade Law
Unit 1: History of Foreign Trade in India 1.1 Foreign Trade in India 1.1.1 Since ancient times up to the pre independence period 1.1.3 Post-independence period up to 1991 (Note: Indexed as 1.1.3 in text) 1.2.3 1991 till date (Note: Indexed as 1.2.3 in text) 1.2 Foreign Trade Policy in India: an overview 1.3 Present Foreign Trade Policy Unit 2: International Treaties 2.1 GATT 2.2 WTO 2.3 GATS 2.4 TRIPS 2.5 TRIMS 2.6 Agreement of Agriculture 2.7 Agreement on Textile and Clothing 2.8 Agreement on Sanitary and Phytosanitary Measures Unit 3: Involvement of United Nations 3.1 UNCTAD 3.2 New International Economic Order 3.3 Charter of Economic Rights and Duties 3.4 UNCITRAL 3.4.1 International Trade Dispute Resolution 3.4.2 Enforcement and Remedies Unit 4: Legal and Regulatory Framework 4.1 Foreign Trade Development and Regulation Act, 1992 4.2 Special Economic Zones Act, 2005 4.3 The Foreign Exchange Management Act, 1999 Unit 5: Immigration Laws 5.1 Meaning of Emigration 5.2 Difference between Emigration and Immigration 5.3 Objects of Emigration Act, 1983 5.4 Authorities 5.5 Recruiting Agent 5.6 Emigration Check Up Unit 6: Investments into India 6.1 Foreign Investment in India: Issues and Concerns 6.2 FDI 6.3 Anti-Dumping Duties

SEM 5 | ELECTIVE : Air and Space Law
Unit I: Historical background and Regulations of Public and private International Air law 1.1 Introduction 1.2 Definition of Air Law 1.3 Nature, scope and sources 1.4 Development of public and Private International Air Law 1.5 Chicago Convention: 1.5.1 Civil Aviation and Sovereignty in the Air 1.5.2 ICAO 1.5.3 Annexures 1.5.4 Transport and Transit Agreement 1.5.5 Freedoms of Air Unit II: Bilateralism and Liabilities of International Carrier 2.1 Bermuda Agreement 2.3 Warsaw Convention 1929 and Montreal Convention 1999 (Note: Indexed as 2.3 in text) 2.3.1 Documents of Carriage 2.3.2 Liabilities of International Air Carrier in transportation of passengers, Cargo and Animals 2.3.2 Rights and Privileges of Passengers and air cargo (Note: Duplicate sub-index in text) 2.4 Aviation Terrorism-Anti Hijacking Convention Unit III: Indian Aviation Laws 3.1 Aircraft Act 1934-Rules 1937, The Aircraft (Amendment) Act, 2020 3.2 Airport Authority of India Act, 1994 3.3 Carriage by Air Act, 1972 3.4 Anti Hijacking Act, 2016 3.5 India and Bilateral Agreement in Civil Aviation Unit IV: Historical Background of Outer Space Law 4.1 Definition and demarcation of Outer-Space 4.2 Need of Space law 4.3 Development of International Space Law: Role of UNCOPUOS 4.4 Outer Space treaty: Common Heritage of Mankind 4.5 Environmental Issues Unit V: Fundamental Treaties and principles of Outer Space 5.1 Liability Convention 5.2 Registration Convention 5.3 Moon Treaty 5.4 Rescue Agreement 5.5 Direct television Broadcasting principles 5.6 Principles on Remote sensing 5.7 Principles on the use of Nuclear Power in Outer Space 5.8 Benefit Declaration Unit VI: Space Law: Issues and Concerns 6.1 Commercial Uses of Space technology 6.2 Public and Private sector activities 6.3 Property and Intellectual property rights in Space 6.4 Public and Private Sector Involvement in Space Activities 6.5 Indian Space policy and ISRO 6.6 Space Mining

SEM 5 | ELECTIVE : Media Laws
UNIT-I: Disseminating the Facets of Media 1.1 Evolution of Media and Emerging Trends 1.2 Types of Mass Media: Press, Television, Radio, Films and New Media 1.3 Difference between visual and non-visual media and its impact 1.4 Ownership Pattern of Press: Public and Private 1.5 Ownership Pattern of Radio and Television: Public 1.6 Ownership Pattern of Films: Private UNIT-II: Constitutional Foundations of Media 2.1 Freedom of Speech and Expression in Indian Constitution 2.1.1 Interpretation of Freedom of Press in the Constitution 2.1.2 Facets of freedom of media 2.1.3 Freedom of Press in other Constitutions 2.2 Power to Legislate under Article 246 read with Seventh Schedule 5.2 Power to impose Tax (Note: Numbered as 5.2 in original document page 133) UNIT-III: Legal Dimensions of Media 3.1 Media and Criminal Law: Defamation, Obscenity, Sedition 3.2 Media and Tort Law: Defamation, Privacy and Negligence 3.3 Media and Legislature: Privileges of Legislature 3.4 Media and Judiciary: Contempt of Court, Reporting Judicial Proceedings 3.5 Media and Executive: Official Secrets Act 1923 UNIT-IV: Films and Commercial Speech and Freedom of Expression 4.1 Reasonableness of Censorship of Films 4.2 Censorship under Cinematograph Act, 1952 4.3 Advertisements and Freedom of Commercial Speech 4.3.1 Advertisement as facet of Commercial Speech 4.3.2 Statutory Regulation of Advertisement 4.3.3 Self Regulation: Advertisement Standard Council of India UNIT-V: Impact of Technology on Freedom of Speech and Expression 5.1 Regulation of Internet and Information Technology Act, 2000 5.2 Sting operations 5.3 Trial by Media UNIT-VI: Regulatory framework 6.1 Self regulation and Media Ethics 6.2 Legal Regulations and Regulatory Bodies 6.2.1 Prasar Bharti Act 1990 6.2.2 Press Council Act 1978 6.2.3 Cable T.V. Networks (Regulation) Act 1995 6.2.4 Working Journalist (Conditions of Service) Act 1955 6.2.5 Advertisement Act 1954 6.2.6 Indecent Representation (Prohibition) Act 1986 6.2.7 The Drugs and Magic Remedies (Objectionable) Advertisement Act 1954 6.2.5 Broadcast Bill 2007 (Note: Mismatched numbering follows original text context) 6.2.5 Communication Convergence Bill 2014