Title, India: Report of the Malimath Committee on Reforms of the Criminal Justice System: Some observations. Publisher, Amnesty International. The role of victim in modern justice system, is it only the role of being a witness or one the stake holder in achieving justice. 2. Is there relationship between. Please click the link to read the Report on the Criminal Justice System as suggested by Justice Malimath Committee in This report.
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The report submitted in pointed out the judge-population ratio in India is December Learn how and when to remove this template message.
Malimath Committee report : Important Topics for UPSC Exams
Police investigation The Committee suggested hiving off the investigation wing from Law and Order. The Committee suggested this be extended to 30 days and an additional time of 90 days be granted for the filing of charge sheet in case of serious crimes.
As there is no political will with respect to implementing reform. One of the controversial recommendation wants confessions to the police admissible in court as evidence if a senior police office of Superintendent of Police SP rank or above signs off on the statement. The ratio is Under Section of IPC wife should likewise be punished if she has sexual intercourse with another married man. Formation, Functioning, and Future Prospects. In the US if it is blacks and hispanics in India it is Muslims, Dalits and backward sections whose population is disproportionately high among under trial prisoners.
The onus must be on improving investigative skills of police officers, improving mslimath of documentation and separating criminal investigation responsibilities from law and order duties. Rights of Accused Reasonable conditions should replrt prescribed to regulate handcuffing and misuse of the power by the Police Officers should be regulated by amending the laws. Terrorism A Department of Criminal Justice should be established to carry out the recommendations of the Committee Also set up a Committee, through legislation, to evaluate procedural and criminal laws and further to suggest the necessary amendment.
Please Email the Editor. As the law and order problem in the country vommittee deteriorating and crimes are increasing in all spheres be it against Women, Cyber, Economic Crime, or organised crimes. Please help improve this article by adding citations to reliable sources. Training Government and Judiciary both should invest in training.
MALIMATH COMMITTEE REPORT ON THE CRIMINAL JUSTICE SYSTEM | LAW RESOURCE INDIA
Justice to victims of crime The Committee made a series of recommendations to ensure justice to the committwe. If the victim is dead, the legal representative shall have the right malmath implead himself or herself as a party, in case of serious offences. Periodic review The Committee has recommended providing for a Presidential Commission for a periodical review of the functioning of the Criminal Justice System.
Organised Crime Legislative proposals should be undertaken speedily to amend domestic laws to conform to the provisions of the UN Convention on Transnational Organised Crime. He then secured First Rank in LL.
Deepalakshmi January 17, The Indian Penal Code has to be reviewed to enhance, reduce or apply alternative modes of punishments keeping in mind new and emerging crimes. Under the scheme, such cases will be settled through Lok Adalats on a priority basis. Reclassification of offences Offences are currently classified as cognisable and non-cognisable. A Victim Compensation Fund can be created under the victim compensation law and the assets confiscated in organised crimes can be made part of the fund.
Further suggest the ways to synergize the relationship among Judiciary, Police and Prosecution in order to restore the confidence of common man. To improve the quality of investigations, it suggested a slew of measures, including the appointment of an Addl. It also sought amendments to the law to allow thumb impression only if the witness is illiterate.
So Electoral reform along with Judicial and Police Reform should go hand in hand. As the Union government is considering to revisit the Malimath Committee report on reforms in the criminal justice system, here is a look at what the fommittee recommended in This is to be organised in a separate legislation.
Instead, the Committee recommended classifying offences as social welfare code, correctional code, criminal code, and economic and other offences code. To bring this provision into effect Section of the Reporh. A law has to be enacted to protect informers, it said. The state then appointed him Advocate General in National Human Rights Commission of India: He was then transferred to Kerala as its Chief Justice in Organised crime and terrorism Though crime is a State subject, a central law must be enacted to deal with organised crime, federal crimes, and terrorism.
The Malimath Committee’s recommendations on reforms in the criminal justice system in 20 points
Because it was optional, few police officers or magistrates recording confessions have preferred this route. In malimatj subordinate judiciary, as far as possible assigning of civil and criminal cases to the same Judge every day should be avoided. This is because two of the recommendations are alarming and would involve a drastic change in investigation and prosecution committee criminal cases and dispensation of justice.
Borrowing from inquisitorial system The panel was in favour of borrowing features from the inquisitorial system of investigation practised in countries such as Germany and France, where a judicial magistrate supervises the investigation.
Malimath started his law practice in the High Court of Bombay in Recommendations of the committee are being revisited by the central Govt. Malimath Committee report Law should not stumble, in a way that those who defy it go free commithee those who seek its protection lose hope.
Representative to monitor human rights enforcement in Nigeria  and Sri Lanka. Advani, who was also the Home Minister. It suggested that a new post, Director of Prosecution, be created in every State to facilitate effective coordination between the investigating and prosecuting officers under the guidance of the Advocate General.
Sate govt has not done their responsibility Separating law and order from commjttee.
In cases where the interest of society is not involved, law should favour settlement without trial as recommended by the Law Commission. Objective of the Malimath Committee Malimath committee was established to propose reform in the criminal Justice System and constitutional provisions related to it.
The National Judicial Commission must have clear guidelines on precise qualifications, experience, qualities and attributes that are needed in a good judge committfe also the prescription of objective criteria to apply to commitree overall background of the candidate.
Vacations for the courts The committee recommended reducing the period of vacation by 21 days, keeping in mind the long pendency of cases. The Committee also prescribes a prosecution statement and defence statement. Both are problematic on various counts.