{"id":129893,"date":"2021-08-30T16:53:52","date_gmt":"2021-08-30T11:23:52","guid":{"rendered":"https:\/\/blog.forumias.com\/?page_id=129893"},"modified":"2021-08-30T18:03:54","modified_gmt":"2021-08-30T12:33:54","slug":"malimath-committee","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/malimath-committee\/","title":{"rendered":"Malimath Committee"},"content":{"rendered":"

In 2000, the government formed a panel headed by the former Chief Justice of Kerala and Karnataka, Justice V.S. Malimath, to suggest an overhaul of the century-old criminal justice system.<\/strong><\/p>\n

The Committee felt that the existing system \u201cweighed in favor of the accused and did not adequately focus on justice to the victims of crime.\u201d<\/p>\n

Recommendations of the committee<\/h5>\n

The committee suggested the following reforms:<\/p>\n

Borrowing from the inquisitorial system<\/strong><\/h6>\n

The panel was in favour of borrowing features from the inquisitorial system of investigation practised in countries such as Germany and France, where a judicial magistrate supervises the investigation. The committee recommended that courts be bestowed with powers to summon any person \u2014 whether or not listed as a witness \u2014 for examination if it felt necessary.<\/p>\n

Right to silence<\/strong><\/h6>\n

The committee recommended modification to Article 20 (3) of the Constitution that protects the accused from being compelled to be a witness against himself\/herself. It suggested that the court be given the freedom to question the accused to elicit information and draw an adverse inference against the accused in case the latter refuses to answer. The Committee also felt that the accused should be required to file a statement to the prosecution disclosing his\/her stand.<\/p>\n

Justice to victims of crime<\/strong><\/h6>\n

The Committee made a series of recommendations to ensure justice to the victims.<\/p>\n