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

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conviction that it is true”. Accordingly, the Committee has made the following
recommendations:
(13) i) The Committee recommends that the standard of ‘proof beyond
reasonable doubt’ presently followed in criminal cases shall be
done away with.
ii) The Committee recommends that the standard of proof in criminal
cases should be higher than the one prescribed in Section 3 of the
Evidence Act and lower than ‘proof beyond reasonable doubt’.
iii) Accordingly the Committee recommends that a clause be added in
Section 3 on the following lines:
“In criminal cases, unless otherwise provided, a fact is said to be
proved when, after considering the matter before it, the court is
convinced that it is true”.
(The clause may be worded in any other way to incorporate the
concept in para 2 above)
iv) The amendments shall have effect notwithstanding anything
contained to the contrary in any judgment order or decision of any
court.
6. JUSTICE TO VICTIMS OF CRIME
An important object of the Criminal Justice System is to ensure justice to
the victims, yet he has not been given any substantial right, not even to
participate in the criminal proceedings. Therefore, the Committee feels that the
system must focus on justice to victims and has thus, made the following
recommendations which include the right of the victim to participate in cases
involving serious crimes and to adequate compensation.
(14) i) The victim, and if he is dead, his legal representative shall have the
right to be impleaded as a party in every criminal proceeding where
the change is punishable with 7 years imprisonment or more.
ii) In select cases notified by the appropriate government, with the
permission of the court an approved voluntary organization shall
also have the right to implead in court proceedings.
iii) The victim has a right to be represented by an advocate of his choice;
provided that an advocate shall be provided at the cost of the State if
the victim is not in a position to afford a lawyer.
iv) The victim’s right to participate in criminal trial shall, inter alia,
include:
a) To produce evidence, oral or documentary, with leave of the
Court and/or to seek directions for production of such evidence
b) To ask questions to the witnesses or to suggest to the court
questions which may be put to witnesses