Accusatorial & inquisitorial system of adminstration
1. INTRODUCTION
The purpose of any criminal justice system is to punish the offender and protect the innocent. Offenders are the threat to the society. State machinery is operative to prevent the crime and penalize the offender. But it is a matter of concern for all that innocent must not suffer in the name of justice. There seem two models in general, which provides different measures to deal with the offender to bring him to justice. They may be broadly termed as inquisitorial model and adversary (Accusatorial) model of justice. Both justice systems insist upon right adjudication of the accused and protection of the innocent. But there are basic differences as to rules of procedures in each of these systems. Each system has been developed in its own historical
setting.
Each
system
has
its
own
advantages
and
disadvantages. Each system can serve the purpose of justice if it is aware of the disadvantages relating to it and has taken measures to minimize it.
2. THE INQUISITORIAL MODEL
The inquisitorial model of justice relates basically to Romano
Germanic System of Law, which is also known as civil law system or continental law system. It aims to attain justice with the composite effort of the prosecutor, the police, the defense lawyer and the court. If the purpose of justice is served minor error in the procedure is ignored. The court can play active role in procuring evidence, in the investigation of the case and the examination of the witness. The accused must help to the prosecutor and the court to attain the justice. Since the court itself is active to secure justice, legal representation from the side of accused is not regarded indispensable. This system has the following advantages.
3. ADVANTAGES OF INQUISITORIAL MODE OF JUSTICE
(a) The court plays substantive role in the trial to secure justice.
(b) Minor error in the procedure is ignored, if the purpose of justice is solved. Procedure is not held
The purpose of any criminal justice system is to punish the offender and protect the innocent. Offenders are the threat to the society. State machinery is operative to prevent the crime and penalize the offender. But it is a matter of concern for all that innocent must not suffer in the name of justice. There seem two models in general, which provides different measures to deal with the offender to bring him to justice. They may be broadly termed as inquisitorial model and adversary (Accusatorial) model of justice. Both justice systems insist upon right adjudication of the accused and protection of the innocent. But there are basic differences as to rules of procedures in each of these systems. Each system has been developed in its own historical
setting.
Each
system
has
its
own
advantages
and
disadvantages. Each system can serve the purpose of justice if it is aware of the disadvantages relating to it and has taken measures to minimize it.
2. THE INQUISITORIAL MODEL
The inquisitorial model of justice relates basically to Romano
Germanic System of Law, which is also known as civil law system or continental law system. It aims to attain justice with the composite effort of the prosecutor, the police, the defense lawyer and the court. If the purpose of justice is served minor error in the procedure is ignored. The court can play active role in procuring evidence, in the investigation of the case and the examination of the witness. The accused must help to the prosecutor and the court to attain the justice. Since the court itself is active to secure justice, legal representation from the side of accused is not regarded indispensable. This system has the following advantages.
3. ADVANTAGES OF INQUISITORIAL MODE OF JUSTICE
(a) The court plays substantive role in the trial to secure justice.
(b) Minor error in the procedure is ignored, if the purpose of justice is solved. Procedure is not held