Recommendations of The Malimath Committee
Recommendations of The Malimath Committee
Recommendations of The Malimath Committee
BY
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DECLARATION
It is certified that the project work presented in this report entitled “RECOMMENDATIONS OF
THE MALIMATH COMMITTEE” embodies the results of original research work carried out by
me. All the ideas and references have been duly acknowledged.
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ACKNOWLEDGEMENTS
I would like to thank my teacher Dr. Anmolpreet Kaur for giving me this opportunity of making
this project. I would also like to thank my college Army Institute of Law, Mohali for providing
me with the resources to carry out the research and make this project. I would like to extend my
grateful attitude towards my parents, friends and family for their continuous support. Last but not
the least I thank the Almighty for all his blessings.
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INDEX
1 INTRODUCTION 5
2 RECOMMENDATIONS 6
3 DRAWBACKS 10
4 CONCLUSION 11
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INTRODUCTION
Malimath Committee was headed by Justice V.S. Malimath, former Chief Justice of the
Karnataka and Kerala High Courts. This Committee began its work in 2000 when it was
constituted by the Home Ministry. The Report related to the criminal justice system in India was
submitted to Deputy Prime Minister L.K. Advani, who was also in charge of the Home portfolio,
in 2003.
This involved reviewing the Code of Criminal Procedure (CrPC), 1973, the Indian
Evidence Act, 1872, and the Indian Penal Code (IPC), 1860.
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RECOMMENDATIONS OF THE MALIMATH COMMITTEE
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6. Police investigation
The Committee suggested the separation of the investigation wing from Law and
Order.
Recommended setting up of a National Security Commission and State Security
Commissions.
Additional SP in each district to maintain crime data, organisation of specialised
squads to deal with organised crime, and a team of officers to probe inter-State or
transnational crimes.
Setting up a Police Establishment Board to deal with posting, transfers, and so on.
The Committee suggested police Custody be extended to 30 days and an
additional time of 90 days be granted for the filing of charge sheets in case of
serious crimes.
7. Dying declaration
Committee favoured dying declarations, confessions, and audio/video recorded
statements of witnesses to be authorised by law.
8. Public prosecution
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.
The appointment of Assistant Public Prosecutors and Prosecutors made through
competitive examination.
Not to be posted in their home district and the places where they were already
practising.
9. Courts and judges
The National Judicial Commission must have clear guidelines on precise
qualifications, experience, qualities and attributes for a good judge
The higher courts should have a separate criminal division consisting of judges
who have specialised in criminal law.
Suggested that every court keep a record of the timestamps.
10. Trial procedures
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It suggested that cases in which punishment is three years and below should be
tried summarily and awarded punishment.
11. Witness protection
Committee batted for a strong witness protection mechanism.
Witnesses should get their allowances on the same day, with proper seating and
resting facilities and be treated with dignity.
It suggested enacting separate witness protection laws be enacted akin to the one
in the United States.
12. Vacations for the courts
Recommended reducing the period of vacation by 21 days, keeping in mind the
long pendency of cases.
13. Arrears Eradication Scheme
‘Arrears Eradication Scheme’ to tackle cases that are pending for more than two
years.
Cases to be settled through Lok Adalats on a priority basis and be heard on a day-
to-day basis.
14. Sentencing
Favour of a permanent Statutory Committee to prescribe sentencing guidelines.
Pregnant women and women with children below seven years old can be kept
under house arrest instead of being lodged in prison, keeping in mind the future
life of the child.
In cases where the interest of society is not involved, the law should favour
settlement without trial as recommended by the Law Commission.
The Indian Penal Code has to be reviewed to enhance, reduce or apply alternative
modes of punishments keeping in mind new and emerging crimes.
15. Reclassification of offences
Committee recommended classifying offences as social welfare code, correctional
code, criminal code, economic and other offences code.
16. Organised crime and terrorism
Though crime is a State subject, a central law to be enacted to deal with organised
crime, federal crimes, and terrorism.
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A Department of Criminal Justice must be established to appraise procedural and
criminal law.
17. Economic crimes
The Committee suggested that sentences in economic offences not run
concurrently, but consecutively.
Law to be enacted to protect informers, it said.
18. Periodic review
Presidential Commission for a periodical review of the functioning of the
Criminal Justice System.
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DRAWBACKS OF THE MALIMATH COMMITTEE
1. While suggesting that the present adversarial system is made inquisitorial, the report does
not take into account the increased burden on the court and the need for far greater
infrastructure that such a shift would entail.
2. In the inquisitorial system as followed in Germany and France there are moves to
incorporate features of the adversarial system. The French system had come in for
criticism in recent time Given these facts and the practical difficulties involved, the
working of the inquisitorial system has to be studied in detail before it can be
incorporated into our system.
3. Speedy trials, fast-track courts, the huge under trial population, and access to courts have
been neglected.
4. Crimes against members of the Scheduled Castes and the Scheduled Tribes do not find
mention in the report.
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CONCLUSION
India must have a clear policy that will guide the adjustments that will be made to the existing
criminal legislation.
It also needs to improve the police, prosecution, judiciary, and prisons at the same time.
The criminal justice system is steeped in policy ambiguity. India must create a clear policy that
will guide the amendments that will be made to the IPC or CrPC. All reforms will be in vain
unless improvements are implemented in the police, prosecution, judiciary, and prisons at the
same time.
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