Dr. Justice V.S. Malimath Report First pages - Ministry of Home Affairs

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116 7.26.10 However a person suspected of being involved in, or accused of having committed an offence, shall be bound to give his name, address, and such other particulars on demand by a Police Officer, and if so called upon, shall be liable to appear in the Police Station on any date and time intimated to him by the Police Officer, and on his failure to do so, he shall be liable to be arrested by such officer, in order that his name, address or other particulars may be ascertained. Section 42 of the Code be amended by substituting the word “any” for the words “of non-cognizable”. 7.26.11 Bailable offences are now specified in the first schedule to the Code. Now that the Committee has recommended that no arrest shall be made in respect of certain offences consequential amendments shall be made in the column relating bailability. No modification is suggested regarding bailability of other offences specified in the schedule. 7.26.12 As the Committee has recommended removal of the distinction between cognizable and non-cognizable offence consequential amendments may be carried out. In the First Schedule, for the expression ‘Cognizable’ the expression ‘arrestable without warrant’ and for the expression ‘non-cognizable’ the expression ‘arrestable’ with warrant or order” shall be substituted. 7.26.13 In the light of the anomaly pointed out by the committee in first schedule, the removal of the distinction between cognizable and non-cognizable offences and amendments regarding arrestability of offences the Committee suggests that the first schedule be amended providing columns for the following: - i. Section ii. Offence iii. Punishment iv. No arrest / arrestable with warrant or order / arrestable without warrant or order. v. Bailable or non bailable vi. Compoundable or non-compoundable vii. By what court triable. Consequential amendments shall be made to part-II of the first Schedule in respect of offences against other laws. 7.27 MECHANISM FOR COLLECTION OF CRIMINAL INTELLIGENCE: 7.27.1 The present day crime situation in India is of alarming concern to the police force and enforcement agencies of the Central Government. To tackle the challenge of terrorism (including narco-terrorism anti terrorist-funding), organised crime, drug trafficking,
117 economic crimes such as bank-scams etc. and crimes having inter-State and trans-national ramifications, new strategies are called for. What is of immediate concern is to have accurate and real time intelligence on organised crime activities so as to prevent major catastrophes in the future. 7.27.2 While a structured system for collection and dissemination of political intelligence exists in the States and at the Central level, no such system, however, is in place as far as the criminal intelligence is concerned. This deficiency has definitely hampered the crime control effort and calls for immediate remedial action. 7.27.3 The Committee feels that concrete steps ought to be taken to institutionalize criminal intelligence system and recommends that: i) An apex body at the national level headed by an officer the rank of DGP/IGP to be called the National Bureau on Criminal Intelligence should be set up. Its head office and permanent secretariat would be at Delhi. It would consist of officers drawn from all parts of the country and representing a cross- section of the police forces and central investigating agencies. The main task of this body would be to collect, collate and disseminate information about major criminal gangs operating in the country involved in organised crime, terrorism, narco terrorism, cyber crimes, wild life crimes and environmental crimes, economic crimes etc. Its exact charter would be determined by the Central Government. This body would function as a Clearing House of the criminal information regarding specified grave crimes and would have a computerised data base, accessible to all State Police forces/central agencies. ii) A similar body may be set up at the State level. It may be headed by an IGP/DIGP level officer, responsible to the DGP through the head of the State Crime Branch. This agency would also have a computerised data base accessible to the national level body, its counter-parts in other States and all Districts. within the respective States. iii) The State Governments/DGPs should set up Criminal Intelligence Cells in each District. An Additional SP level officer may head this Cell in each district on full time basis. The District MOB may be merged into this Cell. This Cell will collect information through the police stations as well as through its own staff and will have a computerized data base. iv) A Criminal Intelligence Unit should be set up in each police station. It may consist of Core Intelligence Unit of 3 or 4 ASI/HC, well trained and motivated for the work and equipped with adequate transport and communication facilities. 7.27.4 The Committee feels that it would be useful to involve the public spirited and
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Committee on Reforms of Criminal Ju
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Sri C.M. Basavarya Formerly, Distri
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CONTENTS PART - I FUNDAMENTAL PRINC
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ACKNOWLEDGEMENT The nation is grate
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PART - I FUNDAMENTAL PRINCIPLES
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4 vi. To examine the feasibility of
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6 1.7. The well recognised fundamen
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8 Orissa, Tamil Nadu, and Uttaranch
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10 1.18. There was no criminal law
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Sl No 2 12 No. of SLL cases which c
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14 1.25. Vulnerable sections of the
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16 1.27. So far as incidence of chi
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18 Major Frauds Reported During 200
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20 1.35. Apart from the main functi
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22 viii. To focus on justice to vic
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24 doubt and gives the benefit of d
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26 the inquisitorial system the Jud
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28 TRUTH AND JUSTICE “Truth does
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30 2.16.10. Many countries which ha
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32 grounds of bias and denial of fa
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34 number of circumstances observed
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36 2.20.4. In this way, the Judge d
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39 RIGHT TO SILENCE _ 3.1 The right
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41 3.6 Burden of Proof in Criminal
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43 following recommendations to imp
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45 during investigation or question
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47 Justice and Public Order Act 199
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49 3.32 Bentham called the rule “
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51 disclose his defence and upon hi
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53 Justice and Public Order Act 199
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55 under Section 5, “to give a de
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57 As quest for truth shall be the
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60 1. Accused has a right against d
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62 20. Copies of all the documents
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64 discretion of Court, on applicat
Page 74 and 75: 66 its existence unless otherwise p
Page 76 and 77: 68 5.12 Whereas the civil cases are
Page 78 and 79: 70 Even regarding the pristine doct
Page 80 and 81: 72 the jury. The jury consisted of
Page 82 and 83: 74 fact that the accused is assiste
Page 84 and 85: 76 6.3 Basically two types of right
Page 86 and 87: 78 of such liability. Not only the
Page 88 and 89: 80 examination of witnesses often r
Page 90 and 91: 82 6.8.9 In 1995 the Indian Society
Page 92 and 93: 84 (a) legislate to entitle victims
Page 95 and 96: 87 INVESTIGATION _ 7.1 The primary
Page 97 and 98: 89 IPC crimes registered an increas
Page 99 and 100: 91 inefficiency, the members of pub
Page 101 and 102: 93 work while the rest of the time
Page 103 and 104: 95 This will be a good training gro
Page 105 and 106: 97 misconceived service loyalties.
Page 107 and 108: 99 (i) Test visit to the scene of c
Page 109 and 110: 101 Districts and other States poli
Page 111 and 112: 103 Laboratories and about 17 Regio
Page 113 and 114: 105 7.17 MEDICO LEGAL SERVICES 7.17
Page 115 and 116: 107 unmindful of the gravity of off
Page 117 and 118: 109 cognizable, unreasonable burden
Page 119 and 120: 111 7.22.3 In this context, the Com
Page 121 and 122: 113 7.24.2 Section 32 of the Preven
Page 123: 115 v) the likeli-hood of the perso
Page 127 and 128: 119 police officers themselves to u
Page 129 and 130: 121 7.32.2 Many times accused are a
Page 131 and 132: 123 7.35.3 The Committee has made s
Page 133 and 134: 125 PUBLIC PROSECUTION _ 8.1 The in
Page 135 and 136: 127 8.6 Separate Directorates of Pr
Page 137 and 138: 129 8.13 The duties of the Director
Page 139 and 140: 131 PART - III JUDICIARY
Page 141 and 142: 133 COURTS AND JUDGES _ 9.1 Huge pe
Page 143 and 144: 135 9.5.2 Anybody who sits and watc
Page 145 and 146: 137 evidence governing criminal cas
Page 147 and 148: 139 and Madhya Pradesh are in favou
Page 149 and 150: 141 enter immediately below the cau
Page 151 and 152: 143 9.14.4 At the instance of the S
Page 153 and 154: 145 TRIAL PROCEDURES _ 10.1 Crimina
Page 155 and 156: 147 prescribed by S.262 to three ye
Page 157 and 158: 149 fine through post. He need not
Page 159 and 160: 151 WITNESSES AND PERJURY _ 11.1 Wi
Page 161 and 162: 153 are paid allowances on the same
Page 163 and 164: 155 Thereafter it has to make a com
Page 165 and 166: 157 VACATIONS FOR COURTS _ 12.1 Non
Page 167 and 168: 159 vacations for reasonable period
Page 169 and 170: 161 12.9 The President has fixed 18
Page 171 and 172: 163 ARREARS ERADICATION SCHEME _ 13
Page 173 and 174: 165 two years. The High Court shall
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167 PART - IV CRIME AND PUNISHMENT
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169 OFFENCES, SENTENCES, SENTENCING
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171 of the rare case the same can b
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173 bill had been enacted in 1972 w
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175 impact of same affects the enti
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177 fine is concerned it is time th
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179 than seven years and / or fine
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181 RECLASSIFICATION OF OFFENCES _
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183 15.4 Summons and Warrant Cases
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185 minor offence get labeled as cr
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187 and judges. They involve import
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189 OFFENCES AGAINST WOMEN _ 16.1 M
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191 commit suicide. For the Indian
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193 Supreme Court the same is not d
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195 ORGANISED CRIME _ 17.1 The Ency
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197 of accurate information about t
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199 with a guarantee of large crimi
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201 17.16.7 The fact that Organised
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203 17.17.2 The Government has refe
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205 3 Ibid 4 Howard Abadinsky, The
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207 FEDERAL LAW AND CRIMES _ 18.1 O
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209 constitutional amendments enact
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211 18.12 Time has come when the co
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213 TERRORISM _ 19.1 The genesis of
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215 it under the ordinary penal law
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217 the former President of India,
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219 divide and by inducting more fo
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221 6. Disruptive activities mean a
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223 effectively defend himself keep
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225 category and apply the bail pro
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227 disruptive activities and it wa
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229 Psychotropic Substances Act, 19
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231 5. K. Santhanam Sudhir Sreedhar
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233 ECONOMIC CRIMES _ 20.1 In the e
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235 i. Definition of new economic o
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237 20.6 Banking and financial crim
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239 use of pornography including ch
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241 been defined earlier. The Serio
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243 possible, the Court should have
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245 20.22 SELF-REGULATION, REPORTIN
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247 PART-IV LOOKING AHEAD
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249 EMERGING ROLE OF THE LEGAL PROF
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251 by any manner or means but by a
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253 TRAINING - A STRATEGY FOR REFOR
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255 training agenda and will requir
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257 aimed at. The training results
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259 VISION FOR BETTER CRIMINAL JUST
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261 and cooperate with the police.
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263 PART - VI RECOMMENDATIONS
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265 RECOMMENDATIONS _ 1. NEED FOR R
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267 issue directions to the investi
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269 (ii) The points for determinati
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271 c) To know the status of invest
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273 iv. Grave and sensational crime
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275 (25) Preparation of Police Brie
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277 without warrant” and for the
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279 iii) Remaining 50% of the posts
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281 (65) (i) In the Supreme Court a
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283 First Class to exercise the pow
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285 (86) The Judge should be vigila
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287 on priority basis. The arrears
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289 (104) The Committee recommends
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291 operates against the interest o
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293 The Committee recommends that:
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295 (139) The sunset provision of P
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297 (150) For tackling serious econ
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Dr. Justice V.S. Malimath Report First pages - Ministry of Home Affairs

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