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

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14 1.25. Vulnerable sections of the society like women, children and other members of weaker sections of society like the Schedule Caste and Schedule Tribes suffer more when the Criminal Justice System fails to live up to expectations. Sl No Crime Head Crime Against Women Year 1998 1999 2000 Percentage variation in 2000 over 1999 1. Rape 15151 15468 16496 6.6 2. Kidnapping and Abduction 16351 15962 15023 -5.9 3. Dowry Death 6975 6699 6995 4.4 4. Torture 41376 43823 45778 4.5 5. Molestation 30959 32311 32940 1.9 6. Sexual Harassment 8054 8858 11024 24.5 7. Importation of Girls 146 1 64 63.0 8. Sati Prevention Act 0 0 0 - 9. Immoral Traffic (P) Act 8695 9363 9515 1.6 10. Indecent Rep. of Women (P) 190 222 662 198.2 Act 11. Dowry Prohibition Act 3578 3064 2876 -6.1 Total 131475 135771 141373 4.1 Table 3 Several disturbing features are seen from the figures given in this table. There is a 6.6% increase in the offence of rape from 1999 to 2000. So far as the percentage of sexual harassment during the same period is concerned, there is an increase of 24.5%. What is worst is the figures relating to importation of girls obviously for sex which has increased to 63% during 2000. This is quite shocking.
15 1.26. So far as offences against children are concerned, Table 4 furnishes information about the incidents of different types of offences against them between 1996 and 2000. Offences Against Children Sl Crime Head Years Percentage No variation 1996 1997 1998 1999 2000 2000 2000 over over 1996 1999 1. Child Rape 4083 4414 4153 3153 3132 -23.3 -0.7 2. Kidnapping abduction and 571 620 699 791 711 24.5 -10.1 3. Procuration of minor girls 94 87 171 172 147 56.4 -14.5 4. Selling of girls for 6 9 11 13 15 150.0 15.3 prostitution 5. Buying of girls for 22 13 13 5 53 140.9 960 prostitution 6. Abetment of Suicide 11 13 28 24 18 63.6 -25 7. Exposure abandonment and 554 582 575 593 660 19.1 11.2 8. Infanticide 113 107 114 87 104 -8.8 19.5 9. Foeticide 39 57 62 61 91 133.3 49.2 10. Child marriage restraint act 89 78 56 58 92 3.4 58.6 Total 5582 5980 5882 4957 5023 -10.0 1.3 Table 4 The figures show a mixed trend during the last five years. There is an increase of 1.3% from 1999 to 2000.
Page 1 and 2: Committee on Reforms of Criminal Ju
Page 3 and 4: Sri C.M. Basavarya Formerly, Distri
Page 5 and 6: CONTENTS PART - I FUNDAMENTAL PRINC
Page 7 and 8: ACKNOWLEDGEMENT The nation is grate
Page 9: PART - I FUNDAMENTAL PRINCIPLES
Page 12 and 13: 4 vi. To examine the feasibility of
Page 14 and 15: 6 1.7. The well recognised fundamen
Page 16 and 17: 8 Orissa, Tamil Nadu, and Uttaranch
Page 18 and 19: 10 1.18. There was no criminal law
Page 20 and 21: Sl No 2 12 No. of SLL cases which c
Page 24 and 25: 16 1.27. So far as incidence of chi
Page 26 and 27: 18 Major Frauds Reported During 200
Page 28 and 29: 20 1.35. Apart from the main functi
Page 30 and 31: 22 viii. To focus on justice to vic
Page 32 and 33: 24 doubt and gives the benefit of d
Page 34 and 35: 26 the inquisitorial system the Jud
Page 36 and 37: 28 TRUTH AND JUSTICE “Truth does
Page 38 and 39: 30 2.16.10. Many countries which ha
Page 40 and 41: 32 grounds of bias and denial of fa
Page 42 and 43: 34 number of circumstances observed
Page 44 and 45: 36 2.20.4. In this way, the Judge d
Page 47 and 48: 39 RIGHT TO SILENCE _ 3.1 The right
Page 49 and 50: 41 3.6 Burden of Proof in Criminal
Page 51 and 52: 43 following recommendations to imp
Page 53 and 54: 45 during investigation or question
Page 55 and 56: 47 Justice and Public Order Act 199
Page 57 and 58: 49 3.32 Bentham called the rule “
Page 59 and 60: 51 disclose his defence and upon hi
Page 61 and 62: 53 Justice and Public Order Act 199
Page 63 and 64: 55 under Section 5, “to give a de
Page 65: 57 As quest for truth shall be the
Page 68 and 69: 60 1. Accused has a right against d
Page 70 and 71: 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
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129 8.13 The duties of the Director
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131 PART - III JUDICIARY
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133 COURTS AND JUDGES _ 9.1 Huge pe
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135 9.5.2 Anybody who sits and watc
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137 evidence governing criminal cas
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139 and Madhya Pradesh are in favou
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141 enter immediately below the cau
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143 9.14.4 At the instance of the S
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145 TRIAL PROCEDURES _ 10.1 Crimina
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147 prescribed by S.262 to three ye
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149 fine through post. He need not
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151 WITNESSES AND PERJURY _ 11.1 Wi
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153 are paid allowances on the same
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155 Thereafter it has to make a com
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157 VACATIONS FOR COURTS _ 12.1 Non
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159 vacations for reasonable period
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161 12.9 The President has fixed 18
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163 ARREARS ERADICATION SCHEME _ 13
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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:
Page 303 and 304:
295 (139) The sunset provision of P
Page 305 and 306:
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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