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
- 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
- The Malimath committee gave 158 recommendations but these were not
implemented by the successive govt.
Criminal Justice System in India
Criminal justice system is more than 100 years old in India and it need to be
reviewed as the type of crime has changed with the use of technology and other
Objective of the Malimath Committee
- Malimath committee was established to propose reform in the criminal
Justice System and constitutional provisions related to it.
- To suggest whether there is need to re-write the Code of Criminal
Procedure (CrPC), the Indian Penal Code (IPC) or the Indian Evidence Act to
fulfil the aspiration of citizens and to accommodate these with changing
nature of crime.
- 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
Why recommendations not implemented?
- As there is no political will with respect to implementing reform. This
further widens trust deficit among police, Judiciary & local citizens.
- 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. But that won’t be
a major problem if political will is there.
- Sate govt has not done their responsibility Separating law and order
Recommendations of the Committee
It is the duty of state to protect the fundamental rights of all citizen. The
Committee recommended for the review and re-enactment of the IPC, CrPC (Criminal
Procedure Code) and Evidence Act and these laws should take a holistic view in
respect to punishment, arrestability and bailability.
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 Investigation branch should be separated from Law and Order branch.
- Further National Security Commission and the State Security Commissions
should be constituted, as recommended by the National Police Commission.
- Quality of investigation need to be improved.
- 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 124 and constitution of National
- 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 206 days.
- The working days of the High Courts be raised to 231 days.
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 494 of the I.P.C (Indian Penal Code) be suitably
- Committee recommended “whosoever has sexual intercourse with the spouse
of any other person is guilty of adultery”. Under Section 497 of IPC wife
should likewise be punished if she has sexual intercourse with another
- Forcible penetration, penile/oral, penile/anal, object or finger/vaginal
and object or finger/anal should be made a separate offence under the IPC
prescribing appropriate punishment on the lines of Section 376 of I.P. Code.
- Legislative proposals should be undertaken speedily to amend domestic
laws to conform to the provisions of the UN Convention on Transnational
- An inter-Ministerial Standing Committee should be constituted to oversee
the implementation of the Convention.
- 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.
- Such crimes should be tackled immediately through legislative and other
- Legislation on proceeds of crime be enacted on the lines of similar
legislation in the U.K and Ireland. An Asset Recovery Agency at the Central
level and similar agency at the State Levels may be created.
- Government and Judiciary both should invest in training.
Entire system requires reform first the need is to start with the electoral
reform. As criminalisation of politics is also the major issue. Significant
proportion of MP’s and MLA’s are charged with crimes, so question arises why
they will support the clean judicial and Police System? Unless there is
effective govt, with reformative political willpower either in the states or in
the centre, reform won’t be possible. So Electoral reform along with Judicial
and Police Reform should go hand in hand.
Q. Malimath committee does not deal with which of the following?
A. Code of Criminal Procedure (CrPC)
Indian Penal Code (IPC)
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? (15 Marks)