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

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“Everything has been said already, but as no one listens, we must always begin again.” Andre Gide French thinker and writer
CONTENTS PART – I FUNDAMENTAL PRINCIPLES 1. Need for Reform of the Criminal Justice System 3 2. Adversarial System 23 3. Right to Silence 39 4. Rights of the Accused 59 5. Presumption of Innocence and Burden of Proof 65 6. Justice to Victims 75 PART – II INVESTIGATION 7. Investigation 87 PROSECUTION 8. Prosecution 125 PART – III JUDICIARY 9. Courts and Judges 133 10. Trial Procedure 145 11. Witness and Perjury 151 12. Vacation for Court 157 13. Arrears Eradication Scheme 163 PART – IV CRIME & PUNISHMENT 14. Offences, Sentences, Sentencing & Compounding 169 15. Reclassification of Offences 181 16. Offences against Women 189 17. Organised Crime 195 18. Federal Law and Crimes 207 19. Terrorism 213 20. Economic Crimes 233
Page 1 and 2: Committee on Reforms of Criminal Ju
Page 3: Sri C.M. Basavarya Formerly, Distri
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
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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
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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
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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
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115 v) the likeli-hood of the perso
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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
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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
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
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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
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201 17.16.7 The fact that Organised
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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
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209 constitutional amendments enact
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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
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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
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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
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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
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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
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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
Page 293 and 294:
285 (86) The Judge should be vigila
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287 on priority basis. The arrears
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
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Dr. Justice V.S. Malimath Report First pages - Ministry of Home Affairs

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