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

More documents

Recommendations

Info

286 the High Courts and Supreme Courts in the larger public interest, the Committee feels that there should be a reduction of the vacations. Hence, the following recommendations are made: (90) (i) The working days of the Supreme Court be raised to 206 days. (ii) The working days of the High Courts be raised to 231 days. (iii) Consequently, the Supreme Court and the High Courts shall reduce their vacations by 21 days on the increase in their working days. 13. ARREARS ERADICATION SCHEME The recommendations made by the Committee in this report would help in reducing the arrears and speeding up the trials; but to tackle the huge arrears a complementary strategy is recommended. Govt. of India, Ministry of Law and Justice has created a ‘fast track courts’ scheme for dealing with the sessions cases. Though the scheme is good it is beset with many practical problems besides being limited to dealing with sessions cases. The Committee is in favour of working out an ‘Arrears Eradication Scheme’ for the purpose of tackling all the cases that are pending for more than 2 years on the appointed day. To carry out the scheme, the Committee feels that a retired Judge of a High Court who is known for effective and expeditious disposal of criminal cases should be put in charge of the Arrears Eradication Scheme as the sitting Judges may not find the time for it. Hence the following recommendations. (91) Arrears Eradication scheme should be framed on lines suggested in the Section “Arrears Eradication Scheme”. (92) There should be a cell in the High Court whose duty shall be to collect and collate information and particulars from all the Subordinate courts in regard to cases pending in the respective courts for more than two years, to identify the cases among them which can be disposed of summarily under Section 262 of the Code or as petty cases under Section 206 of the Code and cases which can be compounded with or without the leave of the court. (93) On the coming into the force of the scheme, arrangements shall be made for sending all the compoundable cases to the Legal Service Authority for settling those cases through Lok Adalats on priority basis. (94) The courts constituted under the Arrears Eradication scheme shall dispose of cases
287 on priority basis. The arrears of cases triable under Section 262 and under Section 206 shall be disposed of expeditiously. (95) The Courts constituted under the Arrears Eradication Scheme shall dispose of the cases expeditiously. (96) A case taken up for hearing should be heard on a day to day basis until conclusion. Only such number of cases as can be conveniently disposed of shall be posted for hearing every day as far as possible in consultation with the concerned lawyers. (97) Once the case is posted for hearing it shall not be adjourned. If under special circumstances a case is required to be adjourned, it should be done for reasons to be recorded in writing subject to payment of costs and also the amount of expenses of the witnesses. The court in its discretion shall award costs to the other party or direct that the same shall be credited to the victim compensation fund if one is constituted. (98) The (retired) Judge incharge of the Arrears Eradication scheme shall make an estimate of the number of additional courts required to be constituted for eradication of the arrears at each place including the requirement of staff, number of Public Prosecutors and other infrastructure required and move the concerned authorities to appoint them. (99) The High Court shall take effective measures to ensure that the current cases are disposed of expeditiously and that no current cases would be pending for more than two years. Additional Courts if needed for this purpose should be sanctioned expeditiously. 14. OFFENCES, SENTENCES, SENTENCING & COMPOUNDING Since the IPC was enacted in the year 1860, many developments have taken place, new forms of crimes have come into existence, punishments for some crimes are proving grossly inadequate and the need for imposing only fine as a sentence for smaller offences is felt. Variety of the punishments prescribed is limited. Thus there is need to have new forms of punishments such as community service, disqualification from holding public offices, confiscation orders, imprisonment for life without commutation or remission etc. Hence the Committee is in favour to review the IPC. The IPC prescribes only the maximum punishments for the offences and in some cases minimum punishment is also prescribed. The Judge exercises wide discretion within
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 22 and 23:
14 1.25. Vulnerable sections of the
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
Page 72 and 73:
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 and 124:
115 v) the likeli-hood of the perso
Page 125 and 126:
117 economic crimes such as bank-sc
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
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 and 188:
179 than seven years and / or fine
Page 189 and 190:
181 RECLASSIFICATION OF OFFENCES _
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
Page 239 and 240:
231 5. K. Santhanam Sudhir Sreedhar
Page 241 and 242:
233 ECONOMIC CRIMES _ 20.1 In the e
Page 243 and 244: 235 i. Definition of new economic o
Page 245 and 246: 237 20.6 Banking and financial crim
Page 247 and 248: 239 use of pornography including ch
Page 249 and 250: 241 been defined earlier. The Serio
Page 251 and 252: 243 possible, the Court should have
Page 253 and 254: 245 20.22 SELF-REGULATION, REPORTIN
Page 255 and 256: 247 PART-IV LOOKING AHEAD
Page 257 and 258: 249 EMERGING ROLE OF THE LEGAL PROF
Page 259 and 260: 251 by any manner or means but by a
Page 261 and 262: 253 TRAINING - A STRATEGY FOR REFOR
Page 263 and 264: 255 training agenda and will requir
Page 265 and 266: 257 aimed at. The training results
Page 267 and 268: 259 VISION FOR BETTER CRIMINAL JUST
Page 269 and 270: 261 and cooperate with the police.
Page 271 and 272: 263 PART - VI RECOMMENDATIONS
Page 273 and 274: 265 RECOMMENDATIONS _ 1. NEED FOR R
Page 275 and 276: 267 issue directions to the investi
Page 277 and 278: 269 (ii) The points for determinati
Page 279 and 280: 271 c) To know the status of invest
Page 281 and 282: 273 iv. Grave and sensational crime
Page 283 and 284: 275 (25) Preparation of Police Brie
Page 285 and 286: 277 without warrant” and for the
Page 287 and 288: 279 iii) Remaining 50% of the posts
Page 289 and 290: 281 (65) (i) In the Supreme Court a
Page 291 and 292: 283 First Class to exercise the pow
Page 293: 285 (86) The Judge should be vigila
Page 297 and 298: 289 (104) The Committee recommends
Page 299 and 300: 291 operates against the interest o
Page 301 and 302: 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
show all

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?