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Board of trustees on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs Report VOLUME I INDIA March 2003 Committee on Reforms of Criminal Justice System Government of India, Ministry of Home Affairs CHAIRMAN Dr. Equity V. S. We will compose a custom paper test on World or then again any comparative subject just for you Request Now Malimath Formerly, Chief Justice of Karnataka and Kerala High Courts Chairman, Central Administrative Tribunal Member, National Human Rights Commission Bangalore 560 052 MEMBERS S. Varadachary, IAS, (Retd. ) Bangalore 560 076 Amitabh Gupta, IPS, (Retd. ) Formerly, Director General of Police, RAjasthan Jaipur 302 015 Prof. (Dr. ) N. R. Madhava Menon Vice-Chancellor West Bengal National University Of Juridical Sciences Kolkatta 700 098 D. V. Subba Rao Advocate Chairman, Bar Council of India Vishakhapatnam MEMBER â€SECRETARY Durgadas Gupta Joint Secretary Ministry of Home Affairs, Government of India New Delhi 110 011 STAFF OF THE COMMITTEE Sri C. M. Basavarya Formerly, District Sessions Judge, Registrar Director of Training, High Court of Karnataka. Bangalore 560 094. Official Director Sri K. Girither Inspector Central Reserve Police Force Personal Assistant Smt Binnu Menon Sub Inspector Central Reserve Police Force Stenographer Sri S. M. Reddy Asst. Sub-Inspector Focal Reserve Police Force Clerk Sri V. Raja Constable Central Reserve Police Force Office Attender Sri M. K. Uthaiah Constable Central Reserve Police Force Office Attender Committee on Reforms of Criminal Justice System (Government of India, Ministry of Home Affairs) 12/A Diagonal Road Vasanthanagar Bangalore 560 052 â€Å"Everything has been said as of now, however as nobody tunes in, we should consistently start once more. † Andre Gide French mastermind and author CONTENTS PART †I FUNDAMENTAL PRINCIPLES 1. 2. 3. 4. 5. 6. Requirement for Reform of the Criminal Justice System Adversarial System Right to Silence Rights of the Accused Assumption of Innocence and Burden of Proof Justice to Victims 3 23 39 59 65 75 PART †II INVESTIGATION 7. Examination 8. 87 PROSECUTION 125 PART †III JUDICIARY 9. 10. 11. 12. 13. Courts and Judges Trial Procedure Witness and Perjury Vacation for Court Arrears Eradication Scheme 133 145 151 157 163 PART †IV CRIME PUNISHMENT 14. 15. 16. 17. 18. 19. 20. Offenses, Sentences, Sentencing Compounding Reclassification of Offenses against Women Organized Crime Federal Law and Crimes Terrorism Economic Crimes 169 181 189 195 207 213 233 PART â€V LOOKING AHEAD 21. 22. 23. Developing Role of the Legal Profession Preparing †A Strategy for Reform Vision for Better Criminal Justice System 249 253 259 PART â€VI RECOMMENDATIONS 24. Proposals 265 Acknowledgment The country is thankful to Sri. L. K. Advani, Deputy Prime Minister and Home Minister, for his vision for extensive changes of the whole Criminal Justice System including the crucial standards and the applicable laws. Until now, endeavors were made to change just certain arrangement of laws, or one specific functionary of the framework in piecemeal. This sort of compartmental assessment missed the fundamental spotlight on equity to casualties and national worry for harmony and security. The dedication made by him and his recognized partner Sri. Arun Jaitley, Minister for Law and Justice, to execute the changes, when the Committee makes its suggestions, is a fitting response to the skeptics that the Report on Reforms of Criminal Justice System will be one more expansion to the few prior reports that are gathering dust in the Archives of the Government. The Committee is obligated to the then Chief Justice of India, Dr. A. S. Anand, for calling upon all the High Courts to give all data and help the Committee needs. Our appreciative gratitude to previous Chief Justice Sri. B. N. Kirpal for guaranteeing that all the High Courts send the reports looked for by the Committee on the State of Health of Criminal Justice in their separate States. The Committee is appreciative to Sri Justice V. N. Khare, the Chief Justice of India for avincing unmistakable fascination for the Committee’ work. s Justice P. V. Reddy, Judge Supreme Court, the then Chief Justice of Karnataka High Court, set at the removal of the Committee, the structure for lodging the Committee’ office in Bangalore. The Committee is thankful to him. s The Committee is appreciative to all the State Governments, High Courts, Officers of the Police Departments, Prosecution Department, Law Departments and Home Department. Our genuine gratitude to the Bar Association of India, New Delhi, the Indira Gandhi Institute of Development Research at Mumbai and Asian College of Journalism, The Hindu in Chennai for working together with our Committee in arranging courses on various points and to the National Law Universities at Bangalore and Kolkatta for rendering whatever help the Committee required occasionally. Our gratitude to Sri. Shivcharan Mathur, previous Chief Minister Rajasthan, Sri. Equity N. L. Tibrewal, previous Chief Justice of Rajasthan, Justice Dave, Sri. Rajendrashekhar, previous Director CBI and DGP Rajasthan, Sri. K. P. S. Gill, previous DGP Punjab and Assam, Sri. Rajath Sharma, Media character and Prof. P. D. Sharma for helping the Committee in sorting out the course at Jaipur. Our genuine gratitude to Chief Ministers, Ministers, Judges†present and previous, recognized legal advisors, Police Officers, media characters, legislators, social researchers, establishments and associations and NGOs who have helped the Committee in sorting out or taking part in classes, bunch conversations or gatherings. An expression of exceptional appreciation to the regarded Dr. R. Venkataraman, previous President of India, Sri. Bhairon Singh Shekhawat, Vice-President of India, Former Chief Justices Ranganath Misra, Ahmadi and Kania, Justice Jagannatha Rao, Chairman, Law Commission of India, Justice Jayachandra Reddy, Chairman Press Council of India, Justice K. T. Thomas, Sri. Soli Sorabjee, Attorney General for India, Sri. Fali Nariman, President, Bar Association of India, Senior Counsel Dr. L. M. Singhvi, Sri. Venugopal, Sri. Shanti Bhushan, Sri. Dipankumar Gupta, Sri. V. R. Reddi, Sri. K. N. Bhat, Sri. C. S. Vaidyanathan, Sri Lalit Bhasin, Lord Goldsmith, Attorney General of England, Sri Badri Bahadur Karki, Attorney General of Nepal and specialists from USA, Judge Kevin Burke, Mr. Robert Litt, Mr. Ranganath Manthripragada, Ms. Dianne Post from the USA and Mme Maryvonne Callebotte, Mr. Jean Luis Nadal, Mr. Roussin, Mme. Claude Nocquet and Mr. Lothion from France. The Committee acknowledges the supportive signal of the Governments of USA, France and UK in welcoming the Committee to visit their States to familiarize the Committee with the working of their particular Criminal Justice Systems and the changes they are attempted. The Committee couldn't go to USA promotion UK for need of time. The Chairman and Sri. D. V. Subba Rao could visit France. Our appreciative gratitude to USAID for getting four specialists to Delhi to brief the Committee about the American System. The Committee might want to record its profound feeling of thankfulness for the great hard work of Sri. C. M. Basavarya rendered as Executive Director of the Committee. The Committee is grateful to the Director General of CRPF for loaning the staff comprising of Inspector K. Girither, Sub-Inspectors Binnu Menon and G. Yamini Rekha, Asst. Sub Inspector S. M. Reddy, Constables V. Raja and M. K. Uthaiah to work for the Committee. The Committee records its thankfulness and passes on its gratitude to every last one of them for magnificent assistance and help to the Committee to finish its errand on time. PART †I FUNDAMENTAL PRINCIPLES 2 3 Requirement FOR REFORM OF CRIMINAL JUSTICE SYSTEM _ â€Å"Law ought not sit flaccidly, while the individuals who resist it go free and the individuals who look for its assurance lose hope†. (Jennison v. Dough puncher (1972) 1 All ER 997). Council AND ITS WORK 1. 1. The Committee on Reforms of the Criminal Justice System was comprised by the Government of India, Ministry of Home Affairs by its request dated 24 November 2000, to think about measures for patching up the Criminal Justice System. (Annexure-1). The terms of reference for the Committee are: I. ii. iii. iv. v. To look at the central standards of criminal law, including the established arrangements identifying with criminal law and check whether any alterations or changes are required thereto; To inspect in the light of discoveries on major standards and parts of criminal law regarding whether there is a need to re-compose the Code of Criminal Procedure, the Indian Penal Code and the Indian Evidence Act to get them tune with the interest of the occasions and in congruity with the desires of the individuals of India; To make explicit proposals on improving legal strategies and ractices and making the conveyance of equity to the regular man nearer, quicker, simple and modest; To recommend available resources of growing such cooperative energy among the legal executive, the Prosecution and the Police as reestablishes the certainty of the normal man in the Criminal Justice System by securing the honest and the person in question and by rebuffing unsparingly the liable and the lawbreaker; To pro pose sound arrangement of overseeing, on proficient lines, the pendency of cases at examination and preliminary stages and making the Police, the Prosecution and the Judiciary responsible for delays in their particular areas; vi. To look at the practicality of presenting the idea of â€Å"Federal Crime† which can be put on List I in the Seventh Schedule to the Constitution. 1. 2. The Committee was established under the Chairmanship of Justice V. S. Malimath, previous Chief Justice of Karnataka and Kerala High Courts, Chairman, Central Administrative Tribunal and Member of the Human Rights Commission. Different individuals from the Committee are Sri S. V