MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI S. REGUPATHY)
(a)to(g) : A statement is attached
STATEMENT AS REFERRED TO IN REPLY TO PARTS (a) TO (g) OF
L.S.US.QNO.3032 FOR 20.03.2007
(a) : Yes, Sir.
(b) : The Government constituted Justice Malimath Committee to suggest measures to
revamp the criminal justice system in the country. The Committee organized Seminars
in Chennai, Jaipur, Mumbai and Delhi.
(c) : The Committee made 158 recommendations to reform the criminal justice system
with a view to ensuring that every innocent person is protected and every guilty
person is punished with utmost expedition.
(d)&(e) Advisories were issued to State Governments with regard to those
recommendations, which were to be implemented through administrative
measures.
As regards those recommendations which require amendment to various laws
and also for enacting a law for giving protection to the witnesses, views/
comments of State Governments/UT Administrations have been sought as the
Criminal Law and the Criminal Procedure are on the Concurrent List of the
Seventh Schedule to the Constitution of India.
(f)to (g) : On the basis of recommendations of the Law Commission of India in
its 154th , 177th and 178th Reports, the Government introduced the Code of
Criminal Procedure (Amendment) Bill, 2006 on 23rd August, 2006 in the Rajya
Sabha. The Highlights of the Bill are:-
Audio/Video recording of statements of witnesses and accused before the
Police and the court;
Steps to curb the practice of witnesses turning hostile, by recording the
statement of material witness by Magistrate;
Summary trial and higher sentence for perjury;
Allowing the victim to appeal against the adverse judgment;
Issuing notice of appearance before arrest;
Right of arrested persons to have advocate during investigation;
The female accused should not be touched by male police officers;
Criminal Courts to take bail bond before the conclusion of the trial or disposal
of the appeal, requiring the accused to appear before the next appellate court;
Definitions of summons and warrant cases should be modified so that all offences
with imprisonment of term exceeding 3 years should only come under the warrant
cases;
All summon cases should be tried summarily;
More IPC offences should be made compoundable without the permission of
the court;
STATEMENT AS REFERRED TO IN REPLY TO PARTS (a) TO (g) OF
L.S.US.QNO.3032 FOR 20.03.2007
Comprehensive scheme for compensation to victims;
Providing relief to the persons of unsound mind during inquiry and trial;
Special protection in respect of women;
`In camera` trial to be preferably conducted by a woman judge for
sexual offences ;
The accused should be medically examined soon after the arrest.
