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

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under the weight of case burden and a thorough overhaul is essential to make it
speedy, efficient as well as cost-effective.
15.1.4 If the Criminal Justice System were to increase its efficiency in
rendering justice and become as quick as it is fair, it would restore the
confidence of the people in the system. Towards this, it is necessary to not only
re-classify crimes but re-classify them in such a manner that many of the
crimes- which today take up enormous time and expense- are dealt with
speedily at different levels by providing viable and easily carried out
alternatives to the present procedures and systems. In brief, many infractions of
the law which are classified as crimes today - and some considered serious, may
not be so considered tomorrow.
15.2 CLASSIFICATION OF CRIMES/OFFENCES
15.2.1 The basis for the classification of crime is that contained in the
Indian Penal Code (IPC) and the Criminal Procedure Code (Cr.P.C). But, over a
period of time, various statutes have been added with different provisions about
evidence, burden of proof etc., and often, the crimes themselves are not of the
kind covered in the IPC; in fact, many of the special laws relate to social
inequities. All these have only added to the burden of work on the Criminal
Justice System. Further, with the changing views of what constitutes crime all
over the world and not just in India, unless there is a re-look at the classification
also, it will be difficult to work out appropriate prevention and detention
strategies for different kinds of offences which are now clubbed together as
crime. Under the Code, offences are broadly classified into four categories as
indicated in the following paragraphs.
15.3 Cognizable Offences
15.3.1 Cognizable offences are offences for which a police officer may
arrest without warrant and without the orders of a magistrate. In non-cognizable
offences, a police officer cannot, in general, arrest a suspect without warrant or
without the orders of a magistrate. The police officer can entertain only
cognizable offences and the victim of a non-cognizable offence has to move the
court with a complaint. This distinction deserves to be done away with.
15.3.2 Offences are classified as bailable and non-bailable: A bailable
offence is one in which the accused has a right to be released on bail. In a nonbailable
offence, the court can refuse bail to the accused.