Dr.

Ram Manohar Lohiya National Law University,

Lucknow

ACADEMIC SESSION 2015-16

TOPIC: INTRODUCTION OF SYSTEMS IN CRIMINAL

PROCEEDINGS

ROUGH DRAFT

SUBMITTED TO: SUBMITTED BY:

Mr. MALAY PANDEY AMIT BANDHU

ASST. PROFESSOR (LAW) B.A. LL.B (Hons.)
8th SEMESTER
ROLL NO: 23
INTRODUCTION
Inquisitorial systems are prevalent in Belgium, Netherland , France, Germany
and Italy:

In this system, it is the judge who collects the evidence and puts up the question
but he is not partial. The character of judges is to collect the evidence and put
the question before the court.

It depends on the collection of evidence by a Magistrate and therefore a conviction

is more but I recommend the adversarial system because concept of fair trial
fairness to the accused is there in the adversarial system.

Lack of coordination between the investigation and coordination is another

problem which makes things worse.

The system is utterly insensitive to the rights of the victim. The focus is on the
accused and none on the victim.

There is no law to protect the witnesses. Even the basic amenities like shelter,
seating, drinking, water, etc. are not provided. They spend so much and nobody
bothers about it.

Adversarial system is prevalent in India, USA, England:

In this system two parties are there and both are independent of each other. The
character of judge is to remain silent throughout. The quest for truth , there is no
quest for truth in Cr. P.C. but the conviction and the acquittal of the party is sound
or not.

SCOPE AND SIGNIFICANCE

Adversarial and Inquisitorial Legal Systems

Canada and most countries that derive their legal systems from the English model
use what is called the adversarial legal system. The two great systems of law,
the common law and the civil law systems, both have differing procedures when a
case goes to trial. The two approaches are either adversarial or inquisitorial.
The Adversarial System

Our system of justice is based on the adversarial model. The adversarial

system implies that two parties assume opposite positions in debating the guilt or
innocence of an individual. In this scenario, the judge is required to be neutral at
the contest unfolding before him or her. The role of the judge in this arrangement
is ensure the trial proceeds according to the procedural rules of trial or due process
of law and that evidence entered is done so according to established rules and
guidelines.

The Inquisitorial System

The inquisitorial system is the common procedural approach in most civil law
jurisdictions.

In an inquisitorial system, a judge is involved in the preparation of evidence along

with the police and in how the various parties are to present their case at the trial.
The judge questions witnesses in depth and can even call witnesses to appear while
prosecution and defence parties can ask follow up questions. The judge plays the
central role in finding the truth and all the evidence that either proves the
innocence or guilt of the accused before the court. The judge takes on the role of
prosecutor and judge in the inquisitorial system. Some other major distinctions is
that there are no jury trials in an inquisitorial system and a judge can compel an
accused to make statements and answer questions. This differs dramatically from
the common law and adversarial right not to take the stand in one's own defence.

RESEARCH QUESTIONS
The questions are:
 What is inquisitorial system?
 What is adversarial system?
 What is the difference between inquisitorial system and adversarial
system?
 Inquisitorial and Adversarial system- Which one a better choice?
 Which system is followed by India?
OBJECTIVE OF THE PROJECT
The objective of this project is to study about the inquisitorial and adversarial
system and the system followed by different countries.

RESEARCH METHODOLOGY
The researcher is following a doctrinal approach towards the topic. Doctrinal
method will be descriptive in nature and will comprise the collection of data
through various secondary sources such as websites, books, Journal articles etc.

TENTATIVE CHAPTERISATION
 Introduction
 Historical background
 Inquisitorial system
 Adversarial system
 India and the prevalent criminal procedure system
 Adversial and inquisitorial system- A comparitive study

LITERATURE REVIEW

An inquisitorial system, common in civil law countries, is an alternative

model to the adversarial system used in common law countries including
New Zealand. The inquisitorial system is generally described as a system
that aims to get to the truth of the matter through extensive investigation
and examination of all evidence. The adversarial system aims to get to the
truth through the open competition between the prosecution and the
defence to make the most compelling argument for their case. Critics of the
adversarial approach argue that the pursuit of winning often overshadows
the search for truth.
Neither system is inherently superior. In fact there are many shared
features and many countries incorporate features of both systems, having
experienced a degree of convergence over the last 80 years.

TENTATIVE BIBLIOGRAPHY
 https://en.wikipedia.org/wiki/Adversarial_system
 http://www.justice.govt.nz/publications/global-publications/a/alternative-
pre-trial-and-trial-processes-for-child-witnesses-in-new-zealands-criminal-
justice-system/appendix-b-a-comparison-of-the-inquisitorial-and-
adversarial-systems
 https://en.wikipedia.org/wiki/Inquisitorial_system