13 Most Important differences between Adversary and Inquisitorial Processes are listed below:
Inquisitorial Process:
1. Generally, the judicial dispute resolution systems, i.e., civil and criminal Courts, follow the adversary process.
ADVERTISEMENTS:
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
Image Source: 1.bp.blogspot.com
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.
ADVERTISEMENTS:
6. The inquisitorial process is conducted by a police officer or any person other than a Magistrate or..y, me judicial dispute resolution systems, i.e., civil and criminal Courts, follow the adversary process.
7. The parties in this system are clearly identified as soon as a case is filed.
In the adversary process, the Magistrate or any such Presiding Officer of a Court is the only competent person to hear the parties.
8 It is a judicial proceeding.
ADVERTISEMENTS:
9. After concluding the inquisitorial process, the trial between the adversaries starts before the Court.
Generally, the police follow the inquisitorial, process. In departmental enquiry also the inquisitorial process is followed.
10. 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.
11. The inquisitorial process is conducted by a police officer or any person other than a Magistrate or Court. The Lokayukta, UpaLokayukta, Commissioner under the Commission of Inquiry Act, 1952 are the examples for the Inquisitorial process.
12. Generally, it is an executive process
13. Inquisitorial process stops, when the trial starts before the Court.
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.
6. The adversary process is one of the important, universally recognised and settled principles of the judicial dispute resolution system (civil and criminal).
7. The adversary process is formulated for ‘fair trial’ by an independent and impartial Court or Tribunal.
8. The legal rules and the principles of natural justice are followed in the adversary process.
9. . The adversary system is based on the ‘accusatorial method’. In civil cases, one of the parties claims a right or property and other side of the parties denies it. In criminal cases, the com- plainant/petitioner/prosecutor accused the wrongdoer/accused, and the wrong-dower/accused denies such accusation. The Court hears both of them in an order fixed by the practice rules. The Court does not disregard any of the parties.
10. The Presiding Officer has the power to ask the witnesses questions, but generally does not ask the parties questions. He records every proceeding between the adversaries and their advocates.
11. It concentrates on both the questions of fact and questions of l&w.
12. The adversary process is an independent and impartial process.
13. The Presiding Officers of the Courts follow the adversary process as a part of the judicial process for the purpose of judicial dispute settlement.