Points of difference between inquisitorial system and adversarial system
Answers
Inquisitorial Process:
1. Generally, the judicial dispute resolution systems, i.e., civil and criminal Courts, follow the adversary process.
2. The parties in this system are clearly identified as soon as a case is filed.
3 In the adversary process, the Magistrate or any such Presiding Officer of a Court is the only
4. Generally, the police follow the inquisitorial process. In departmental enquiry also the inquisitorial process is followed.
5. In most of the occasions, at the inquisitorial stage in criminal cases, the wrong doers are not immediately identified. Much investigation is required to detect and arrest them
Adversary Process:
1. The object of adversary process in a trial before the Court is to settle the dispute finally according to the legal rules.
2. In adversary process, the Court must hear both the parties (Exception: Passing Ex Parte Temporary Injunction by a Court.)
3. The Presiding Officer does not show any hastiness. He is a Pedantic. He calmly and patiently hears the parties and their witnesses. He deeply thinks into the question of fact and question of law He does not vex the parties
4. The Presiding Officer in the adversary process does not show unduly pertinacity in trial.
5. The Civil Procedure Code, the Criminal Procedure Code, the Civil Rules of Procedure, the Criminal Procedure Code, the Indian Evidence Act, etc., guide the adversary process.