Legal System - Accusatorial | Inquisitorial System

Accusatorial System 

• This system is also know as Adversarial system.

• In this system, the duty of the parties in the legal proceeding is to develop the evidence. Each party constructs their own view of the case and gathers facts to support it. 

• These parties are assisted by their lawyers .

• The lawyer plays an active. He gather evidence and even participate in cross examination and analysis of evidence given by the other side.

• In this system an accused has the right to remain silent. 

• Another feature of this system is that it offers bail.

• The Judge plays a passive role. 

• Their aim is to get through open argument between prosecutor and defence lawyer. The judge makes a decision based on the evidence, cross-examination, and examination.

Advantages 

1. It is regarded as being fair and less abuse-prone.
2. It gives the police power. 
3. It correctly upholds the rights of the parties who are defending and accusing.
4. It gives both parties the opportunity to prove their claims.
5. It discourages partiality.

Disadvantages

1. It forces both sides to engage in conflict with one another.
2. It uses a costly procedure.
3. It might result in unfairness.
4. It might lead to decisions being forced by arguments rather than by evidence.
5. It has accessibility problems.

 Inquisitorial System

• In this system, the lawyers plays a passive role.

• In this system, the judges plays an active role. 

• He determines the relevant dispute's facts and problems. The judge also determines the format in which the evidence must be presented in court, such as whether it should be oral, written, or a combination of both. In the end, the judge will determine the case based on their evaluation of the evidence. Because of such an active role of judge , such system of legal setting is also known as Interventionist or investigative model.

• In this system, the accused cannot remain silent. If he remain silent then it means he is guilty .

• Even this system offers bail.

• This system's general goal is to discover the truth by conducting a thorough inquiry and evaluating all available evidence.

• Here all the references are presented by the judge and judge is called as Fact Finder.

Advantages 

1. It enables the legal system to participate actively in the processes.
2. It lessens the benefits of wealthy in the legal system.
3. It is a system that includes independent review.
4. It is a system that does not exempt anyone.
5. It allows an uninterrupted Account of a Witness.

Disadvantages

1. It is a system that may be greatly impacted by corruption.
2. It requires people to trust in the government to achieve a just result.
3. It can place the final judgment in the hands of a single individual.
4. It does not provide a right to silence like an adversarial system.
5. It reduces the chances that someone will have to protect oneself.

 LOK ADALAT

 

• Lok Adalat can be literally translated as the People’s Court ."Lok" stands for "people" and the term "Adalat" means the court
• In Lok Adalats, the issues are solved through the means of arbitration, mediation, or negotiation, therefore this system is considered a "wing of Alternative Dispute Resolution".
• Earlier in India, the Lok Adalat played a key role in solving disputes among people mainly situated in rural areas, hence the same process is being continued even in the present day.
• Article 39A of the Indian Constitution, the Legal Services Authorities Act, 1987 provided the Lok Adalats with statutory status.  It reduces the burden on urban courts and decentralizes access to justice. 
• As per Section 21 of the Legal Services Authorities Act, 1987, the award or decision given by the Lok Adalats is considered as a decree pronounced by a civil court and thus is final and binding on the parties associated with the case.
• Accordingly, no party can appeal against the decision given by the Lok Adalats in any court. If the parties find the decision or award of the Lok Adalat to be against their interests they cannot appeal against it but they may file a fresh case in the court of the concerned jurisdiction.

                            CASES CONSIDERED BY LOK ADALAT 

The Lok Adalat only undertakes those cases which fall under the following list of matters –
1.  Acquisition of Land, mutation, and related disputes.	2.  Matters relating to partition claims.
3.  Cases relating to arrears of retirement benefits	4.  Road or motor accident cases
5.  Disputes relating to bonded labor.	6.  Compoundable cases relating to civil, criminal, and revenue matters
7.  Matters of unpaid bank loans.	8.  Family disputes including matrimonial matters
9.  Damages cases.	10. Such matters that do not fall       under the jurisdiction of any   other Court

  ORGANISATION OF LOK ADALAT

 Every Lok Adalat so organized shall consist of :

1. Serving or retired judicial officers,
2. Other persons, as may be specified.

The Central Government should prescribe the experience and qualifications of "other persons" in a Lok Adalat conducted by the Supreme Court Legal Services Committee after consulting with the Chief Justice of India. The National Legal Services Authorities Rules, 1995 now provide the following experience and qualifications:

1. A member of the legal profession; or 
2. A person of repute who is especially interested in the implementation of Legal Services Schemes and Programmes; or 
3.  An eminent social worker who is engaged in the upliftment of weaker sections of people.

POWERS OF LOK ADALAT

• Power to summon and enforce the attendance of any witness and to examine him/her on oath. 

• Power to enforce the discovery and production of any document.

• Power for requisitioning of any public record or document or copy thereof or from any court.

• Every Lok Adalat shall have the power to specify its own procedure for the determination of any dispute coming before it.

ADVANTAGES

• No court fee is required, and if one has been paid and the matter is resolved at Lok Adalat, the money will be returned.
• Parties are allowed to express their differences of opinion without fear of being exposed in court. 
• The parties to the dispute can speak with the judge directly through their legal assistance. 
• Procedural flexibility and speedy trial of disputes are the two pillars of Lok Adalat. 

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NYAYA PANCHAYAT

NYAYA PANCHAYAT

• Nyaya Panchayats are considered as a unit of the Panchayati Raj System of India.

• They function at the village or district level to deliver justice and thus are considered as the most basic level of the Indian Judiciary.

• Every Panchayat that comes under the jurisdiction of Nyaya Panchayat elects a member for such Nyaya Panchayat.

 

       Qualification

• The elected official must be 30 years of age or older.

• He must be a registered voter in the concerned Panchayat.

• He must be literate to read and write in the concerned State’s language.

• He must not be debarred from being elected to the Panchayat under any law in force.

• A Nyaya Panchayat is empowered with both civil and criminal jurisdiction.

• Its civil jurisdiction:  seeking compensation for wrongfully gaining or injuring movable property, suits for damages, and suits for breach of contracts where no immovable property is affected.

• Its criminal jurisdiction: covers certain offenses under the Indian Penal Code, 1860 like theft, outraging the modesty of a woman, trespass, injuring public property, mischief, etc.

 

       Functioning of Nyaya Panchayat:

• The Nyaya Panchayats are created with the aim to dispose of the cases as quickly as possible by eliminating delays and other technical issues. As a result, the functioning of the Nyaya Panchayats is not as complex as that of other judicial institutions.

• They have the authority to call witnesses and parties for the purpose of recording evidence or to produce any relevant fact or document. 

• The Nyaya Panchayat also has the power to carry out local enquiries within its jurisdiction and produce a report as per the order of the magistrate.

 

        Advantages

• They give relatively simple access to justice because they operate at the village and district levels.

• It is simpler for the offended party to contact a Nyaya Panchayat than a Court.

• It reduces expenses by eliminating the need for the complaint to spend large amounts of money to get justice.

• The workload placed on civil courts is reduced.

• Nyaya Panchayat has a greater case disposition rate than traditional courts.

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