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. Why in News? Recommendations of the committee are being revisited by the central Govt. As the law and order problem in the country is deteriorating and crimes are increasing in all spheres be it against Women, Cyber, Economic Crime, or organised crimes. The Malimath committee gave recommendations but these were not implemented by the successive govt. Criminal Justice System in India Criminal justice system is more than years old in India and it need to be reviewed as the type of crime has changed with the use of technology and other aspects.
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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. Why in News? Recommendations of the committee are being revisited by the central Govt. As the law and order problem in the country is deteriorating and crimes are increasing in all spheres be it against Women, Cyber, Economic Crime, or organised crimes. The Malimath committee gave recommendations but these were not implemented by the successive govt.
Criminal Justice System in India Criminal justice system is more than years old in India and it need to be reviewed as the type of crime has changed with the use of technology and other aspects. Objective of the Malimath Committee Malimath committee was established to propose reform in the criminal Justice System and constitutional provisions related to it.
Further suggest the ways to synergize the relationship among Judiciary, Police and Prosecution in order to restore the confidence of common man. Suggest the ways to improve judicial proceedings and justice delivery to common man. Why recommendations not implemented? As there is no political will with respect to implementing reform. Resistance from within the judiciary, declaring the Judicial Appointment Commission Act unconstitutional is an example of such resistance.
Resistance within the police force for police reform. Sate govt has not done their responsibility Separating law and order from investigation.
Recommendations of the Committee It is the duty of state to protect the fundamental rights of all citizen. Rights of Accused Reasonable conditions should be prescribed to regulate handcuffing and misuse of the power by the Police Officers should be regulated by amending the laws.
Investigation The Investigation branch should be separated from Law and Order branch. Quality of investigation need to be improved. Prosecution Prosecutors are the Officers of the Court, they help the court to find the truth which is the objective of the Criminal Justice System. Committee recommended in each State, the post of the Director of Prosecution should be created, if not already created, and should be filled up from among suitable police officers of the rank of DGP in consultation with the Advocate General of the State.
Recommendation for Judiciary Committee suggested that impeachment of judges should be made easier compared to present difficult process of impeachment under which it is very difficult to impeach the guilty judges. Further it recommended amending article and constitution of National Judicial Commission. In the subordinate judiciary, as far as possible assigning of civil and criminal cases to the same Judge every day should be avoided.
The working days of the Supreme Court be raised to days. The working days of the High Courts be raised to days. Online Crash Course for UPSC PRE Exam Offences against Women If a man and woman are living together as husband and wife for a reasonably long period, the man shall be deemed to have married the woman according to the customary rites of either party. To bring this provision into effect Section of the I. C Indian Penal Code be suitably amended.
Under Section of IPC wife should likewise be punished if she has sexual intercourse with another married man. 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. An inter-Ministerial Standing Committee should be constituted to oversee the implementation of the Convention. 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.
Economic Crimes Such crimes should be tackled immediately through legislative and other provisions. Legislation on proceeds of crime be enacted on the lines of similar legislation in the U. K and Ireland. Training Government and Judiciary both should invest in training.
Way forward Entire system requires reform first the need is to start with the electoral reform. As criminalisation of politics is also the major issue.
So Electoral reform along with Judicial and Police Reform should go hand in hand. Malimath committee does not deal with which of the following? Defence Reforms D. Indian Evidence Act Q. Considering the law and order situation in India. Do you think Indian Criminal Justice System require immediate reforms? What are the recommendations of Malimath committee about Criminal jurisprudence?
Criminal Justice System of India – Is it time to implement the Malimath Committee Report?
This includes components like police and courts. CJS can impose penalties on those who violate the established laws. The criminal law and criminal procedure are in the concurrent list of the seventh schedule of the constitution. The system has still not undergone any substantial changes even after 70 years of Independence. The entire Code of Criminal Procedure Cr. The appointment of the Vohra Committee was the very first attempt towards reforming the Criminal Justice System in India.
Malimath Committee report : Important Topics for UPSC Exams
Conclusion Introduction In general, the term bail means the temporary release of an accused person on a temporary basis. As the term bail has been derived from the French word bailer which means to deliver or to give. The term bail has been used for a long time. As defined in the oxford dictionary bail is the absolution of an accused person temporarily awaiting the trial or a sum of money is lodged by the accused person as a guarantee for his appearance in the court. The provisions regarding the bail and bonds have been specified from section to of the Criminal Procedure Code.
Malimath Committee Recommendations – The Flaw in the Law
Pssst… we can write an original essay just for you. Any subject. Any type of essay. Why in News? Recommendations of the committee are being revisited by the present Central Govt. As the law and order problem in the country is deteriorating and crimes are increasing in all spheres be it against Women, Cyber, Economic Crime, or organised crimes.