RECOMMENDATIONS OF THE MALIMATH COMMITTEE

A PROJECT SUBMITTED TO:

ARMY INSTITUTE OF LAW, MOHALI.

BY

ABHIDHA GUPTA (1868)

UNDER THE GUIDANCE OF DR. ANMOLPREET KAUR

CRIMINOLOGY AND PENOLOGY

IN PARTIAL FULFILLMENT OF THE REQUIREMENT FOR

THE AWARD OF DEGREE OF B.A. LL.B.

PUNJABI UNIVERSITY, PATIALA, PUNJAB.

SUBMISSION YEAR: AUGUST- DECEMBER 2023.

1
 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.

Date of Submission: 27th September 2022 Name- Abhidha

Roll No.: 1868

2
 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.

Name: Abhidha Gupta

Roll No.: 1868

3
 INDEX

S. NO. TOPIC PAGE NO.

1 INTRODUCTION 5

2 RECOMMENDATIONS 6

3 DRAWBACKS 10

4 CONCLUSION 11

4
 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. 

The objectives of the Malimath Committee were-

 The task of examining the fundamental principles of criminal law to restore

confidence in the criminal justice system.

 This involved reviewing the Code of Criminal Procedure (CrPC), 1973, the Indian
Evidence Act, 1872, and the Indian Penal Code (IPC), 1860.

5
 RECOMMENDATIONS OF THE MALIMATH COMMITTEE

1. Borrowing from the inquisitorial system

 Suggested borrowing features from the inquisitorial system of investigation
practised in countries such as Germany and France. 
 In this system, a judicial magistrate supervises the investigation. 
2. Right to silence
 The panel recommended a modification to Article 20 (3) of the Constitution that
protects the accused from being compelled to be a witness against
himself/herself. 
3. Rights of the accused
 Schedule to the Code should be brought out in all regional languages so that the
accused becomes aware of his/her rights, how to enforce them, and the authority
to approach in case of denial.
4. Presumption of innocence
 The courts follow “proof beyond reasonable doubt” as the basis to convict an
accused in criminal cases. 
 This, the committee felt, gives a “very unreasonable burden’” on the prosecution
and hence suggested that a fact be considered as proven “if the court is convinced
that it is true” after evaluating the matters before it.
5. Justice to victims of crime
 The victim should be allowed to participate in cases involving serious crimes and
also be given adequate compensation.
 If the victim is dead, the legal representative shall have the right to implement
himself or herself as a party, in case of serious offences.
 The State should provide an advocate of the victim’s choice to plead on his/her
behalf, where the state bears the cost 
 Victim compensation is a State obligation in all serious crimes.
 The 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.

6
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

7
  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. 
8
  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.

9
 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.

10
 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.

To achieve all-around peace in society, the focus of reform should be on reformative justice.

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.

11