Analysing The Malimath Committee Report: A Comprehensive Study Of Its Implications On Indian Evidence Law
Nayana KB, B.A.LL.B., National Law University Odisha
Ridhi A. Jain, B.A.LL.B., National Law University Odisha
ABSTRACT
The Malimath was set up to make recommendations for improving India's system of criminal justice. The committee was set up by an order dated November 24, 2000, from the Indian Ministry of Home Affairs of the Government of India. Dr Justice V. Malimath, a former Chief Judge of the High Courts of Kerala and Karnataka, served as the chairman of the committee. The Committee conducted an in-depth investigation over a three- year period, and in 2003, it turned in its report. The Committee requested opinions from representatives of several High Courts and the Indian Bar Council. In the three years preceding the report's submission, it also hosted seminars across the nation and attended ones hosted by other organisations.
The Malimath Committee had submitted its report in the year 2003. It was highly criticised by various Human Rights Organisations and other authorities under the criminal justice system. The Committee had given some recommendations that were contrary to the provisions mentioned in the Code of Criminal Procedure, Indian Evidence Act and the Indian Penal Code. Through this project we shall be discussing some of the aspects of the recommendations of the committee with respect to the Indian Evidence Act. We shall be discussing the concept of burden of proof and the presumption of innocence. We shall also be looking at Section 53 and Section 54 of the act. We shall try to understand the reasons that the committee gave on the removal of Section 25 of the Indian Evidence Act.
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