THE ROLE OF
JUSTICE
MALIMATH
COMMITTEE
REPORT OF
VICTIMS OF
CRIME IN
INDIA
BY – DEBJANI DAS & SHRAMAN PAUL
MEANING OF VICTIMS OF CRIME
The etymological meaning of phrase ‘Victim’ suggests that it would mean or will encompass:
Anyone suffering physical, emotional or financial harm as a direct result of a Crime.
Spouses and children of the person who have suffered.
Parents, foster parents, siblings, guardians or other custodians of minor victims, mentally or physically incapacitated victims, or
victims of homicide.
According to United Nations General Assembly Declaration of Basic Principles of Justice for Victim and Abuse of Power
adopted in November 1985, which through Article 1&2 gave exhaustive definition of the phrase:
Article1- "Victims" means persons who, individually or collectively, have suffered harm, including physical or mental injury,
emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that are in
violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power.
Article2- A person may be considered a victim, under this Declaration, regardless of whether the perpetrator is identified,
apprehended, prosecuted or convicted and regardless of the family relationship between the perpetrator and the victim. The term
"victim" also includes, where appropriate, the immediate family or dependants of the direct victim and persons who have suffered
harm in intervening to assist victims in distress or to prevent victimization.
WHAT IS MALIMATH COMMITTEE ?
The Malimath Committee, formed in 2000 by the Indian Government, aimed to reform the criminal
justice system. Chaired by Justice V.S. Malimath, it reviewed the investigation, trial procedures,
and sentencing guidelines. Comprising 11 members, including judges and lawyers, the committee
consulted stakeholders like legal professionals and civil society groups. Submitting its report in
2003, the committee furnished over 150 reform recommendations. These suggestions ranged from
empowering the police to introducing mandatory minimum sentences for specific offenses and
permitting confessions to police officers as admissible in court. While certain recommendations
were implemented, others received criticism for perceived severity or potential infringement on
fundamental rights. The committee's report remains deliberated in India's legal system and
policy circles.
Justice to victims of Crime
MAJOR RECOMMENDATIONS The Committee feels that the system must focus on justice to victims and has, thus,
OF MALIMATH COMMITTEE made the following recommendations which include the rights of the victim to
participate in cases involving serious crimes and to adequate compensation.
The victim, and if he is dead, his legal representative shall have the right to be
impleaded as a party in every criminal proceeding where the offence is
punishable with 7 years imprisonment or more.
The victim has a right to be represented by an advocate of his choice ; provided
that an advocate shall be provided at the cost of the State if the victim is not in a
position to afford a lawyer.
Continuation.......
The victim's right to participate in criminal trial shall, inter alia, include:
To produce evidence, oral or documentary, with leave of the Court and / or to seek directions for production of
such evidence.
To ask questions to the witnesses or to suggest to the Court questions which may be put to witnesses.
To know the status of investigation and to move the Court to issue directions for further investigation on certain
matter or to a supervisory officer to ensure effective and proper investigation to assist in the search for truth.
To be heard in respect of the grant or cancellation of bail
To be heard whenever prosecution seeks to withdraw and to offer to continue the prosecution.
To advance arguments after the prosecution has submitted arguments.
To participate in negotiations leading to settlement of compoundable offences
The victim shall have a right to prefer an appeal against any adverse order passed by the Court acquitting the
accused, convicting for a lesser offence, imposing inadequate sentence, or granting, inadequate compensation.
Such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court
Legal services to victims in select crimes may be extended to include psychiatric and medical help, interim
compensation and protection against secondary victimization.
Victim Compensation scheme
The CVS was created under the provision of CRPC , 1973 for the welfare and Rehabilitaion of victims of
crime .These is a kind of compensatory theory of punishment . In 2009 the central government gave direction to
every state to prepare a scheme that has to be in agreement with the centre scheme for victim compensation under
section 357A of CRPC . The primary purpose the scheme is to provide fund for the purpose of compensation to the
victim or his dependents who has suffered loss or injury as a result of the crime and who required
rehabilitation .Under the scheme , whenever a recommendation is made by the court for compensation , the district
These decisions have clearly acknowledged the need for compensating victims of violent
JUDICIAL DECISIONS crimes irrespective of the fact whether offenders are apprehended or punished. The
principle invoked is the obligation of the State to protect basic rights and to deliver
justice to victims of crimes fairly and quickly.
Rudal Shah v State of Bihar is the most celebrated case where the Hon'ble S.C.
directed the state to pay compensation of Rs 35,000 to Rudal Shah who was kept in jail
for 14 years even after his acquittal on the ground of insanity and held that it is violation
of Article 21 done by the State of Bihar.
Bhim Singh v State of J&K is another important case where Bhim Singh an MLA was
arrested by the police only to prevent him to attended the Legislative Assembly, the
Hon'ble Court not only entertained the writ petition of his wife but also awarded the
compensation of Rs 50,000 to be paid by the state.
Nilabati Behra v State of Orissa where the son of petitioner was arrested by the police
and next morning his body was found laying down with several injuries on the railway
track, the Hon'ble S.C. awarded the compensation of Rs 1,50,000 that is to be paid by the
