Dr.

Ram Manohar Lohiya National Law University,

Lucknow

ACADEMIC SESSION 2017-18

TOPIC: INTRODUCTION OF SYSTEMS IN CRIMINAL

PROCEEDINGS

ROUGH DRAFT

SUBMITTED TO: SUBMITTED BY:

Mr. Shashank Shekhar ABHISHEK KUMAR SIGNH

ASST. PROFESSOR (LAW) B.A. LL.B (Hons.)
8th SEMESTER
ROLL NO: 130101004
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