06/02/2022
Inquisitorial System in India
The inquisitorial system can be defined by comparison with the adversarial, or accusatorial, system used in the United States and Great Britain. In the Adversary System, two or more opposing parties gather evidence and present the evidence, and their arguments, to a judge or jury. The judge or jury knows nothing of the litigation until the parties present their cases to the decision maker. The defendant in a criminal trial is not required to testify.
In the inquisitorial system, the presiding judge is not a passive recipient of information. Rather, the presiding judge is primarily responsible for supervising the gathering of the evidence necessary to resolve the case. He or she actively steers the search for evidence and questions the witnesses, including the respondent or defendant. Attorneys play a more passive role, suggesting routes of inquiry for the presiding judge and following the judge's questioning with questioning of their own. Attorney questioning is often brief because the judge tries to ask all relevant questions
Sections 311, 313 of the Cr.P.C and Section 165 of the Indian Evidence Act, 1872 have trappings of an inquisitorial system as they allow the judge to play a more-pro-active role and participate more actively in trial, rather than being a mute spectator. The idea is for the judge to be a referee (run with the parties) rather than be a passive umpire.
Supreme Courtās reading of Section 156(3) of the CrPC and reading it in such a manner for it to include āthe power to monitor investigationā (The power to order investigation would have implicit within it the power to ensure that the investigation is an effective investigation is how the Supreme Court sees it in Sakiri Vasu vs State Of U.P. And Others (AIR 2008 SC 907 , (2008) 2 SCC 409 ) it was held ā In the present case, there was an investigation by the G.R.P., Mathura and also two Courts of Inquiry held by the Army authorities and they found that it was a case of su***de. Hence, in Honāble Apex Courtās opinion, the High Court was justified in rejecting the prayer for a CBI inquiry. With the above observations, this appeal stands dismissed. But, it laid down the ambit and scope of Section 156(3) CrPC and held that even if an FIR has been registered and even if the police has made the investigation, or is actually making the investigation, which the aggrieved person feels is not proper, such a person can approach the Magistrate under Section 156(3) Cr.P.C., and if the Magistrate is satisfied he can order a proper investigation and take other suitable steps and pass such order orders as he thinks necessary for ensuring a proper investigation. All these powers a Magistrate enjoys under Section 156(3) Cr.P.C.