19 Sep Title, India: Report of the Malimath Committee on Reforms of the Criminal Justice System: Some observations. Publisher, Amnesty International. 18 Sep The Committee on Reforms of the Criminal Justice System, headed by Justice V.S. Malimath, submitted its report to the Ministry of Home Affairs. Malimath Committee report. Law should not stumble, in a way that those who defy it go free and those who seek its protection lose hope.
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Additional Reporf if need for this purpose should be sanctioned expeditiously. The Committee however feels that investigation and trial of rape cases should be done with most expedition and with a high degree of sensitivity. The Committee therefore recomends the following: In order to speed up the process, the Committee feels that all cases in which punishment is three years and below should be tried summarily and punishment that can be awarded in summary trials should be increased to three years.
V. S. Malimath – Wikipedia
Trial Procedures The Committee is concerned with enormous delay in decision making, particularly in trial courts. Resistance from within the judiciary, declaring the Judicial Appointment Commission Act unconstitutional is an example of such resistance.
The Malimath committee gave recommendations but these were not implemented by the successive govt. He was also the chair of the Karnataka Malimatn Protection Committee. Why recommendations not implemented?
The Malimath Committee’s recommendations on reforms in the criminal justice system in 20 points
The Supreme Court has given directions to all the States to increase the judge strength by five times in a phased manner within the next five years. The report fails to address adequately or in some cases at all, issues including: Sate govt has not done their responsibility Separating law and order from investigation.
Even if part of the assets confiscated and forfeited in organized crime and financial frauds is also made part of the fund and if it is managed efficiently, there will be no paucity of resources for this well conceived reform.
It is essential that these crimes are tackled urgently through legislative and other measures and it is for this purpose that the following recommendations are made: Reclassification of Offences It is recommended that non-cognizable offences should be registered and investigated and arrestability shall not depend on cognizability, the present classification has further lost its relevance.
In every trial, the Court shall, immediately after the witnesses for the prosecution have been examined, question the accused generally, to explain personally any circumstances appearing in the evidence against him. The witnesses are not treated with due courtesy and consideration; nor are they protected.
The Committee feels that the law should lean in favour of settlement of cases without trial, where the interest of society is not involved. Courts and Judges There is maljmath inadequacy of judges to cope up the enormous pendency and new inflow of cases.
It is recommended that a five year rolling plan be prepared and adequate funds are made available to meet the basic requirements of personnel and infrastructure of the mailmath. The Supreme Court has held that, for proving bigamy, it is to be established that the second marriage was performed in accordance with the customary rites of either parties under the personal laws which is not easy to prove.
The Finger Print Bureaux and the FSL’s should be equipped with well-trained manpower commityee adequate numbers and adequate financial resources.
The Committee, having given its utmost consideration to the grave problems facing the country, has made its recommendations in its final report, the salient features of which are given below: As instances of non-penal penetration are on the increase and they do not fall in the definition under the offence of rape under Section of the IPC, the Committee feels that such non-penal penetration should be made an offence prescribing a heavier punishment.
Therefore, it is recommended that a mechanism by name ‘Serious Fraud Office’ be established by an act of Parliament with strong provisions to enable them to investigate and launch prosecution promptly.
Formation, Functioning, and Future Prospects.
Hence the following recommendations: Even if the wife is willing to condone and forgive the lapse of the husband and live in matrimony, this provision comes in the way of spouses returning to the matrimonial home. This is a major cause of failure of the commmittee. Without previously warning the accused, the Court may at any stage of trial and shall after the examination under Section A and before he is called on his defence put such questions to him as the court considers reporrt with the object of discovering the truth in the case.
The Committee has therefore felt that the accused should be required to file a statement to the prosecution disclosing his stand. The system, devised more than a century back, has become ineffective; a large number of guilty go unpunished in relort large number of cases; the system takes years to bring the guilty to justice; and has ceased to deter criminals. Police are employed to perform multifarious duties and quite often the important work maalimath expeditious investigations gets relegated in priority.
Malimath Committee report : Important Topics for UPSC Exams
Offences Against Women There are several shortcomings or aberrations in dealing with the offences against women which need to be addressed. The Committee recommends that the standard of proof in criminal cases should be higher than the ‘preponderance of probabilities’ and lower than ‘proof beyond reasonable doubt.
He was then transferred to Kerala as its Chief Justice in The State Governments must prescribe time frame for submission of medico legal reports.
In several countries in the world including the countries following the inquisitorial system, the standard is proof on ‘preponderance of probabilities. Lawyer Detained in Undisclosed Location: Date when typing was completed and placed before the judge 3.
There is no law to give protection to the witnesses subject to such threats, similar to witness protection laws available in other countries. Malimath, submitted its report to the Ministry of Home Affairs in April Date when the dictation was completed 2.
Do you think Indian Criminal Justice System require immediate reforms? There are also complaints of serious aberrations in the conduct of the judges. Indian Evidence Act Q.
Recommendations of the Malimath Committee on reforms of Criminal Justice System
The relort procedure prescribed by Section to of the Code, if exercised properly, would quicken the pace of justice considerably. Reasons should be recorded with reference to these criteria by the selecting authority. The Law Commission has already made its recommendations on this. This is to be organized in a separate legislation by Parliamanet.
Though the scheme is good it is beset with many practical problems besides being limited to dealing with sessions cases. At present, a large number of cases in which punishment is commirtee years and less are tried as summons cases.