Criminal Justice System in India gets road map for change

          New Delhi – April 21, 2003 – In a path finding report on reforming the Criminal Justice System of the country, a committee headed by Justice V.S. Malimath has recommended several far reaching changes.  Among the reforms suggested are: an accused should not be presumed innocent till proved guilty “beyond reasonable doubt,” and a statement by him made before the police should be admissible in court as evidence.   The committee has also said there should be no death penalty for rapists and that a federal law should be enacted to deal with organized crime and terrorism.  It recommends the right to all magistrates to try cases with punishment of three years or less.  It has recommended the constitution of permanent criminal benches in high courts and the Supreme Court to be presided by specialized judges.  It has suggested a witness protection programme and also the right of the victim to participate in the trial for offences punishable with imprisonment of seven years and above.  The committee has recommended that investigating wing of the police should be separated from the law and order wing and has endorsed the recommendation of the National Police Commission (NPC) about the setting up of National Security Commission and State Security Commissions to insulate the investigating agency from political and other influences.  The committee has said that the distinction between cognizable and non-cognizable offences should be done away with, and the police have to register and investigate every crime that is reported.  

The Indian Express – April 22, 2003.

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