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Difference Between Adversarial and Inquisitorial System

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50 views

Difference Between Adversarial and Inquisitorial System

CRPC

Uploaded by

llb223092
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Adversarial System Inquisitorial System

The adversarial system aims to get the truth through The inquisitorial system is generally aims to get the
the open competition between the prosecution and the truth of the matter through extensive investigation and
defence. examination of all evidence.
In an adversarial system all parties determine what In an inquisitorial system the conduct of the trial is in
witnesses they call and the nature of the evidence they the hands of the court. The trial judge determines what
give. The court overseeing the process by which witnesses to call & order in which they are to be heard.
evidence is given.
In adversarial systems previous decisions by higher There is little use of judicial precedent in
courts are binding on lower courts. inquisitorial systems. This means Judges are free to
decide each case independently.
In an adversarial system the rule of lawyers is active. In an inquisitorial system the rule of lawyers is passive.
The judges pronounce judgment depending on the The judge plays an active rule for questioing & hearing
hearing, evidence or on the basis of examination & the parties directly.
cross-examination.

In an adversarial system the rule of the judges are In an inquisitorial system the rule of the judges is very
merely passive in nature. active.
The case management does not depends upon the The case management depends upon the judges so the
judges so the judges contribution is very low for the judges contribution is very high for the disposal of any
disposal of any case. case.
In an adversarial system all references are presented In an inquisitorial system references also presented by
by the respective lawyers of both the parties. the judge & they play’s an active rule.
The case management depends upon the lawyer’s of The case management depends upon the judges and
both the parties & they get unfattered opportunity for the judges fixes the term for the disposal of any case.
the case management.
In an adversarial system the hearing, evidence or In an inquisitorial system documents and information
examination & cross-examination done by the lawyer about the real facts get priority.
get priority.
Case management is not effective under this system Case management is effective under this system & the
because the judges can not exchange views with the judges sits with the parties and can exchange views for
parties for taking any decision. So no initiative can be taking any decision for speedy disposal of any case.
taken for speedy disposal of any case.
In an adversarial system judges has discretionary In an inquisitorial system judges have wide
power but that is not wide by the evidence. discretionary power.
Repeated time petition (common practice) is permitted The main object of this system is to reduce the time for
at the time of continuance of the case & the lawyer’s disposing a case and to ensure speedy justice. Judge
take the opportunity of making time petition. So delay plays an active role in deciding time petition & may
occurs in disposal of any cases. honored or reject time petition.

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