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

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

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292<br />

Instead the Committee recommends sentence <strong>of</strong> imprisonment for life<br />

without commutation or remission.<br />

(121) A suitable provision should be made requiring the <strong>of</strong>ficer investigating<br />

to complete investigation <strong>of</strong> cases <strong>of</strong> rape and other sexual <strong>of</strong>fences on<br />

priority basis and requiring the court to dispose <strong>of</strong> such cases<br />

expeditiously within a period <strong>of</strong> four months.<br />

(122) Specialised training should be imparted to the Magistrates in regard to<br />

trial <strong>of</strong> cases <strong>of</strong> rape and other sexual <strong>of</strong>fences to instill in them<br />

sensitivity to the feelings, image, dignity and reputation etc <strong>of</strong> the<br />

victim.<br />

(123) Provision should be made in the Code permitting filing <strong>of</strong> F.I.Rs in<br />

respect <strong>of</strong> <strong>of</strong>fences under Sections 376, 376-A, 376-B, 376-C, 376-D<br />

and 377 <strong>of</strong> IPC within a reasonable time.<br />

17. 18.& 19. ORGANISED CRIME, FEDERAL CRIME AND TERRORISM<br />

Organised Crime and Terrorism have been growing globally and India has not<br />

escaped their pernicious effect. The nexus between organised crime and<br />

terrorism has also been a cause <strong>of</strong> serious concern to the Country. The<br />

Committee has given deep consideration to inter-twined and inter-dependent<br />

pr<strong>of</strong>essional crimes in Indian as well as international background. The task <strong>of</strong><br />

dealing with the organised crime and the terrorism becomes more complicated<br />

as structured group in organised crime is enmeshed with its counter-part (<strong>of</strong><br />

structured group) in terrorism. The former is actuated by financial/commercial<br />

propositions whereas the latter is prompted by a wide range <strong>of</strong> motives and<br />

depending on the point in time and the prevailing political ideology. The<br />

Committee has given deep consideration to the growth <strong>of</strong> organised crime,<br />

terrorism and their invisible co-relationship with the avowed objective to<br />

destroy secular and democratic fabric <strong>of</strong> the country. The Committee feels that<br />

time has come to sink political differences for better governance <strong>of</strong> the country<br />

and address the task <strong>of</strong> dealing with theses menaces. In the backdrop <strong>of</strong> the<br />

States’ reluctance to share political power, through legislatures, for enactment<br />

<strong>of</strong> federal law to deal with certain crimes, the Committee has made<br />

recommendations to deal with (a) organised crime (b) enactment <strong>of</strong> central law<br />

to tackle federal crimes and (c) terrorism

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