19 Sep Title, India: Report of the Malimath Committee on Reforms of the Criminal Justice System: Some observations. Publisher, Amnesty International. 18 Sep The Committee on Reforms of the Criminal Justice System, headed by Justice V.S. Malimath, submitted its report to the Ministry of Home Affairs. Malimath Committee report. Law should not stumble, in a way that those who defy it go free and those who seek its protection lose hope.
|Published (Last):||13 September 2011|
|PDF File Size:||9.84 Mb|
|ePub File Size:||9.24 Mb|
|Price:||Free* [*Free Regsitration Required]|
This article needs additional citations for verification.
V. S. Malimath – Wikipedia
He moved his practice to Bangalore in Stories of survivors of forced evictions in Nigeria’s mega city Campaigns Egypt: Suggest the ways to improve judicial proceedings and commmittee delivery to common man.
Malimath did his primary education from Karnataka. The abdication of responsibility by Regulatory Bodies has also contributed to the perpetuity of frauds. The High Court should ensure due compliance through training and supervision.
Malimath Committee report : Important Topics for UPSC Exams
An official should be assigned to provide assistance to him. He was then transferred to Kerala as its Chief Justice in As there is no political will with respect to implementing reform.
There is thus a need to have new forms of punishments such as community service, disqualification from holding public offices, confiscation orders, imprisonment for life without rport or remission etc.
The procedure prescribed reportt taking action against perjury is as cumbersome as it is unsatisfactory. Recommendations of the Committee It is the duty of state to protect the fundamental rights of all citizen.
If the accused remains silent or refuses mslimath answer any question put to him by the court which he is not compelled by law to answer, the court may draw such appropriate inference including adverse inference as it considers proper in the circumstances.
Offences, Sentence, Sentencing and Compounding Since the IPC was enacted in the yearmay developments have taken place, new forms rrport crimes have come into existence, punishment for some crimes are proving grossly inadequate and the need for imposing only fine as a sentence for smaller offences is felt. The Committee recommends that the standard of proof in criminal cases should be higher than the ‘preponderance of probabilities’ and lower than ‘proof beyond reasonable doubt.
MALIMATH COMMITTEE REPORT ON THE CRIMINAL JUSTICE SYSTEM
The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, or any other offence which such answers may tend to show he has committed. Training Government and Judiciary both should invest in training. In any case, dispensing justice to victims repirt crime cannot any longer be ignored on grounds of scarcity of resources.
Even if part of the assets confiscated and forfeited in organized crime and financial frauds is also made part of the fund and if it is managed efficiently, there will be no paucity of resources for this well conceived reform.
Malimath committee does not deal with which of the following? Any amount of good investigation would not result in success unless the institution of prosecution has persons who are of merit and who are committed with foundation of a well structure professional training.
Our judicial processes have not been helpful either. Its recruitment, training and professionalism need special attention so as to make it synergetic with other institutions and effective in delivering good results. As a man can ocmmittee punished under Section of the 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 intercourse with another married man.
The arrears of cases triable under Section and under Section shall be disposed of expeditiously. Lawyer Detained in Undisclosed Location: LJ Reportt in economic offences should not run concurrently, but consecutively. An inter-Ministerial Standing Committee should be constituted to oversee the implementation of the Convention.
It is recommended that a five year rolling plan be prepared and adequate funds are made available to meet the basic requirements of personnel and infrastructure of the police.
Recommendations of the Malimath Committee on reforms of Criminal Justice System
In many countries there are laws prescribing sentencing guidelines. It is recommended that such number be increased at least two-fold during the next three years. The Committee has therefore felt that the accused should be required to file a statement to the prosecution disclosing his stand. Retrieved 25 December In every trial, the Court shall, immediately after the witnesses for the prosecution have been examined, question the accused generally, to explain personally any circumstances appearing in the evidence against him.
The expression occurring in Section 1 to the effect “if satisfied that it is necessary and expedient in the interest of justice that the witness should be tried summarily for giving or fabricating as the case may be, false evidence” shall be deleted.
The Committee examined in particular the inquisitorial system followed in France, Germany and other Continental countries. Committee is no clear indication as to what are all the factors that should be taken into account in the matter of assessing the sentences to be imposed.
The Committee has given deep consideration to intertwined and inter-dependent professional crimes in Indian as well as international background. The Committee after careful assessment of the standards of proof came the conclusion mali,ath the standard of proof beyond reasonable doubt presently followed in criminal cases should be done away with and recommended in its place a standard of proof lower than ‘proof beyond reasonable doubt’ and higher than the standard of ‘proof on preponderance of probabilities.
A prompt and quality investigation is therefore the foundation of the effective Criminal Justice System. The Committee therefore felt that all the rights of the accused flowing from the laws and judicial decisions should be collected and put in a Schedule to the Code.
Hence the following recommendations.