Does Public Policy Demand Change in Criminal Procedure Laws in India: A Critique

Abstract

Criminal Procedure Laws across the world can be broadly classified into two different sets of legal systems; first is adversarial system and the second is inquisitorial system. The former traces its legacy from the common law system, whereas the latter dates back to Roman law. Merriam Webster defines Inquisitorial as constituting or concerning a system of justice in which the Judge holds a survey evolving the facts of the case of the litigant, which is in contradistinction to Adversarial system which necessarily means scheme of justice where prosecution and defence contradict each other. In India, adversarial legal system is practiced, where the Judge remains impartial and disinterested. The paper would discuss and explore as to whether the public policy demands change in criminal procedure laws in India from adversarial system to inquisitorial system and if so, to what extent.