Adversarial v/s Inquisitorial Legal System: Whether Need of the Hour

Kirti Garg

Volume II – Issue II, 2020

It is referred by British Raj that during the period of 1858 and 1947AD when the South Asia (or one can say the present-day India, Bangladesh, Pakistan, and Myanmar) was under the colonial control of the United Kingdom as part of the British Empire and rules by the British crown. In India, the East India Company established the court-rooms of British style in the year 1775, in which the local native settlement methods and controlled procedure of settlement in the court were neglected by the British, during the period of British law courts. Party controls over the growth of evidence in process has conventionally been an important distinctive feature of the American, British and Indian systems in comparison to the Continental European systems of Germany and France, and former colonies influenced by models of greater judicial control . The judiciary system of India has both the horizontal and vertical dimension structure which is more precisely detailed as a pyramid, arguably a comparatively flat one.

 Judicial process is of two types: 1) Inquisitorial Judicial Process and 2) Adversarial Judicial Process. This paper will analysis whether there is a need to move from adversarial legal system to inquisitorial legal system?


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