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

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(110) Increasing the number of offences for which no arrest shall be made,
which has been discussed in the Section dealing with “ Investigation”.
(111) Increasing the number of offences where arrest can be made only with
the order of the court and reducing the number of cases where arrest can
be made without an order or warrant from the Magistrate, which has
been discussed in the Section dealing with “Investigation”.
(112) Increasing the number of offences which are bailable and reducing the
number of offences which are not bailable discussed in the Section
dealing with “Police Investigation”.
(113) Increasing the number of offences that can be brought within the
category of compoundable / settlement category discussed in Section
dealing with “Sentences and Sentencing”.
(114) The Committee recommends a comprehensive review of the Indian
Penal Code, the Evidence Act and the Criminal Procedure Code by a
broad based Committee representing the functionaries of the Criminal
Justice System, eminent men and women representing different schools
of thoughts, social scientists and vulnerable sections of the society and
to make recommendations to the Parliament for stronger and
progressive loss for the Country.
16. OFFENCES AGAINST WOMEN
There are several shortcomings or aberrations in dealing with the offences
against women which need to be addressed. The Committee feels that a man
who marries a second wife during the subsistence of the first wife should not
escape his liability to maintain his second wife under Section 125 of the Code
on the grounds that the second marriage is neither lawful nor valid.
The Supreme Court has held that, for proving bigamy, it is to be
established that the second marriage was performed in accordance with the
customary rites of either parties under the personal laws which is not easy to
prove. Therefore the Committee feels that evidence regarding a man and
woman living together for a reasonably long period should be sufficient to draw
the presumption that the marriage was performed according to the customary
rites of the parties.
As a man can be punished under Section 497 of IPC for adultery, for
having sexual intercourse with a wife of another man it stands to reason that
wife should likewise be punished if she has sexual intercourse with another
married man.
There is a general complaint that section 498A of the IPC regarding cruelty
by the husband or his relatives is subjected to gross misuse and many times