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Inquisitorial & Adversarial System

Definitions of Inquisitorial System and Adversarial System. Difference between two. Which system is best for Pakistan?

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Abdul Rasheed
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232 views6 pages

Inquisitorial & Adversarial System

Definitions of Inquisitorial System and Adversarial System. Difference between two. Which system is best for Pakistan?

Uploaded by

Abdul Rasheed
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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LEGAL SYSTEM OF PAKISTAN

CONTEXT

 Adversarial System

 Inquisitorial System

 Difference between Adversarial System and


Inquisitorial System

 Question: What system is better for


Pakistan scenario?

 Conclusion
Adversarial System

Adversarial System is a type of legal system followed in common law


countries i.e Pakistan, English, USA, India and Australia. In this system, two
advocates/attorneys stand for the status of their parties or clients before the
unbiased jury or a judge. However, criminal law courts act under two parts of
this system of trial. One is prosecution mainly represents the government while
defence on the other side. Where both prosecutor and defense compete against
each other argue and question the witnesses. Furthermore, seeing that judge or
judiciary give the final verdict of the justification.

Inquisitorial System

Inquisitorial System is a type of legal system followed in civil law


countries i.e Germany, China, Spain and France. In this system, court or bodies
of court like judge or jury linked with police. However, this system grant more
power to judge or jury. They are direct involved in investigation and find the
evidences themselves for the final verdict. Under this system judge himself
hears the accused and on the basis of evidences gives the final verdict of
justification.
Difference between Adversarial System and Inquisitorial System

Adversarial system and inquisitorial system are two different kinds of


making trial. They are distinctive in vast. Some of the major differences are
written below:

Adversarial System Inquisitorial System


1) Adversarial system aims to 1) Inquisitorial system aims to get
determine the fact through direct the truth by doing extensive
competition between prosecution investigations and examining all
and defense. the evidences.
2) This legal system is being 2) This legal system is being
followed in common law followed in civil law countries
countries to ascertain the truth in around the globe to find out the
the adjudication process.  truth in the judgement process.
3) In this system, the attorneys play 3) While in this system of trials, the
an active role in finding truth by attorneys/lawyers have no active
investigations and with their role. However, judges have such
witnesses. onus.
4) In Adversarial legal system, 4) Inquisitorial System has given
judge has neutral role. He just more power to judge to protect
comply with the lawyers and pass the judgments of the case.
the judgment.
5) In this system previous decisions 5) In this system, courts are
of higher courts are binding on independent to give their final
lower courts. verdict and are not dependent on
previous decisions.
Question: Which system is better for Pakistani scenario?

Since the day of Independence Pakistan has been suffering from many
problems. And one of the major problem is the legal system. As the adversarial
system is being followed in Pakistan. It is not as much attentive and harmonious
to bring peace, harmony, stability, and abridge corruption, crime rates, illegal
businesses, child abuse and so on. However, the legal system is entirely
destroyed by the few so called jackleg lawyers and the justices. The current
scenario is that justice is being sold for few pennies, cases are being fought for
the money and not for justice. Consequently, the dispossessed and
underprivileged people are not getting equal justice even if they have right on
something or innocent. The befouled society has laid their uncleaned steps on
this system. Money and power is the only source to get justification these days.
If it goes on, it will have consequences all around the Pakistan. So, it very
important to upgrade or change this system to Inquisitorial System. This system
can boost up the development and guarantees the justice to every individual.
Moreover, it will vanish every criminal activity because in this very system the
judges are granted with more power and are actively participate in the
investigation, question evidences and witnesses. Due to which lawlessness,
immorality, corruption, depravity and malefactions will be little time by time.
Furthermore, it will bring peace, harmony and maintain stability.
Conclusion

On the whole, we have experienced the Adversarial Legal System of trial


many decades and could not find any person getting full justice in his regard. It
remains ineffective in this country. When we look up at the countries with the
Inquisitorial System, we see less crime and unrest between people. So, it is the
right time for Pakistan to bring this system as it will maintain the peace,
harmony, justice. As a result, undoubtedly after introducing this system
Pakistan will have great repercussions in the future.

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