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

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180 feels that many offences should be added to the table in 320(1) of the Code of Criminal Procedure. The Committee further recommends offences which are compoundable with the leave of the court, may be made compoundable without the leave of the court. These are matters which should be entrusted to the Committee.
181 RECLASSIFICATION OF OFFENCES _ 15.1 NEED FOR CLASSIFICATION 15.1.1 India inherited the present system of classification of offences from its colonial rulers more than 140 years back, in which the police are the primary enforcers of the law. Considering the nature of the impact of colonial law making, suffice it to say that it is time to reexamine and reframe the laws as appropriate to the twenty first century Indian society and its emerging complexities. 15.1.2 Many countries in the world have started their own initiatives in improving their domestic Criminal Justice Systems. England, USA and Australia are all in the process of charting out reforms. As societies continue to change, crimes become complex and new crimes emerge, it is imperative for India to work out a comprehensive Criminal Justice System, suited to the ethos of this country. 15.1.3 As the aim of the Committee is to make the Criminal Justice System just, efficient, speedy and cost-efficient, time has come to re-examine and re-define crime under the various laws in the Criminal Justice System to ensure that appropriate procedures will be available for different infringement of penal laws so that cases will be dealt with at a speed commensurate to the gravity of the infringement, with certainty in terms of time and punishment. For, what were considered serious crimes yesterday may not be so considered today. The matter is all the more urgent as the Criminal Justice System has virtually broken down As the aim of the Committee is to make the Criminal Justice System just, efficient, speedy and cost-efficient, time has come to re-examine and re-define crime under the various laws in the Criminal Justice System to ensure that appropriate procedures will be available for different infringement of penal laws so that cases will be dealt with at a speed commensurate to the gravity of the infringement, with certainty in terms of time and punishment.
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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
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66 its existence unless otherwise p
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68 5.12 Whereas the civil cases are
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70 Even regarding the pristine doct
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72 the jury. The jury consisted of
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74 fact that the accused is assiste
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76 6.3 Basically two types of right
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78 of such liability. Not only the
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80 examination of witnesses often r
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82 6.8.9 In 1995 the Indian Society
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84 (a) legislate to entitle victims
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87 INVESTIGATION _ 7.1 The primary
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89 IPC crimes registered an increas
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91 inefficiency, the members of pub
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93 work while the rest of the time
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95 This will be a good training gro
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97 misconceived service loyalties.
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99 (i) Test visit to the scene of c
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101 Districts and other States poli
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103 Laboratories and about 17 Regio
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105 7.17 MEDICO LEGAL SERVICES 7.17
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107 unmindful of the gravity of off
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109 cognizable, unreasonable burden
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111 7.22.3 In this context, the Com
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113 7.24.2 Section 32 of the Preven
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115 v) the likeli-hood of the perso
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117 economic crimes such as bank-sc
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119 police officers themselves to u
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121 7.32.2 Many times accused are a
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123 7.35.3 The Committee has made s
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125 PUBLIC PROSECUTION _ 8.1 The in
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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
Page 175 and 176: 167 PART - IV CRIME AND PUNISHMENT
Page 177 and 178: 169 OFFENCES, SENTENCES, SENTENCING
Page 179 and 180: 171 of the rare case the same can b
Page 181 and 182: 173 bill had been enacted in 1972 w
Page 183 and 184: 175 impact of same affects the enti
Page 185 and 186: 177 fine is concerned it is time th
Page 187: 179 than seven years and / or fine
Page 191 and 192: 183 15.4 Summons and Warrant Cases
Page 193 and 194: 185 minor offence get labeled as cr
Page 195 and 196: 187 and judges. They involve import
Page 197 and 198: 189 OFFENCES AGAINST WOMEN _ 16.1 M
Page 199 and 200: 191 commit suicide. For the Indian
Page 201 and 202: 193 Supreme Court the same is not d
Page 203 and 204: 195 ORGANISED CRIME _ 17.1 The Ency
Page 205 and 206: 197 of accurate information about t
Page 207 and 208: 199 with a guarantee of large crimi
Page 209 and 210: 201 17.16.7 The fact that Organised
Page 211 and 212: 203 17.17.2 The Government has refe
Page 213 and 214: 205 3 Ibid 4 Howard Abadinsky, The
Page 215 and 216: 207 FEDERAL LAW AND CRIMES _ 18.1 O
Page 217 and 218: 209 constitutional amendments enact
Page 219 and 220: 211 18.12 Time has come when the co
Page 221 and 222: 213 TERRORISM _ 19.1 The genesis of
Page 223 and 224: 215 it under the ordinary penal law
Page 225 and 226: 217 the former President of India,
Page 227 and 228: 219 divide and by inducting more fo
Page 229 and 230: 221 6. Disruptive activities mean a
Page 231 and 232: 223 effectively defend himself keep
Page 233 and 234: 225 category and apply the bail pro
Page 235 and 236: 227 disruptive activities and it wa
Page 237 and 238: 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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