Justice Malimath Committee

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The Committee on Reforms of the Criminal Justice System, or the Justice Malimath Committee:
  • The committee was constituted by the Home Ministry.
  • It was headed by Justice V.S. Malimath, former Chief Justice of the Karnataka and Kerala High Courts.
  • The committee recommended admissibility of confessions made before a police officer as evidence in a court of law.
  • The Committee also suggested constituting a National Judicial Commission and amending Article 124 to make impeachment of judges less difficult.
  • The Malimath panel had made 158 recommendations but these were never implemented.
 
Why in news?
  • The Committee’s report was discussed at the annual Directors General of Police (DGP) conference held at Tekanpur in Madhya Pradesh earlier this month at which Prime Minister Narendra Modi was present.
  • The committee report is being revisited by the Centre.
 
What are the major recommendations?
  • It includes controversial recommendations such as making confessions to a senior police officer admissible as evidence, and diluting the standard of proof required for a criminal conviction.
  • It also contains valuable suggestions to revamp the administration of criminal law, covering the entire gamut of the justice system from investigation to sentencing, from matters of policy to the nuances of criminal procedure and the law of evidence.
 
What are the accepted recommendations?
  • The committee made 158 recommendations, and since then some of these have become law.
  • Its suggestion on permitting videography of statements has been implemented.
  • The definition of rape has been expanded and new offences against women have been added.
  • Its advocacy of substantial witness protection has not been realised, but victim compensation is now part of law.
 
What are the controversial recommendations?
  • The recommendations relating to making confessions to high-ranking officers admissible, and increasing the period of police custody from 15 to 30 days.
  • These provisions were available only in anti-terrorism laws that are now no more in force. There is no need to bring them into general criminal laws.
 
What is the new standard of proof suggested?
  • The Malimath report suggests a standard of proof lower than the current ‘beyond reasonable doubt’ standard.
  • It moots a ‘clear and convincing’ standard, that is, it is enough if the court is convinced that something is true. Such a measure would have adverse implications for suspects, and requires considerable deliberation.
  • There is some understandable disquiet about the state of criminal justice administration in the country and there is a crying need for a wide range of reforms.
  • As the Madhava Menon Committee’s ‘Draft National Policy on Criminal Justice’ (2007) noted, such popular dissatisfaction arises from the low rate of conviction, the apparent role of money and influence in the outcome of cases, delayed and denied justice, lack of protection to witnesses and inadequate attention to crime victims.
 
What are the issues with Criminal justice system in India?
  • The perception that there is corruption on the one hand and a deep nexus between crime syndicates and politicians on the other, has added to the erosion of public confidence in the justice delivery system.
  • Despite all these considerations, any move to make substantive changes in the way criminal justice is administered will have to be done with great circumspection, lest vital constitutional safeguards against abuse of police and judicial powers are violated in the process.
 

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