Benefits of an Inquisitorial System Exhaustive Factual Gathering From the actual procedures followed, it can be inferred that an Inquisitorial

l system gives more primacy to attaining accurate factual evidence as opposed to adversarial systems where each side are given the privilege to disclose evidence and tell versions of stories weighted to their advantage. In the latter, a judge is given the burden to weigh sides against the other as opposed to an inquisitorial system where a judge can ask questions directly as aid in making the decision. As the prosecutor or examining judge, he can seek particular evidence, direct lines of inquiry fairly among both the prosecution and defense and interview witnesses or the parties themselves1. An Inquisitorial system is characterized by a continuous investigation conducted primarily by the police and later, more extensively by the judge or magistrate who serves as the lead investigator2. As the inquisitor, the magistrate is tasked to exhaust all efforts to settle factual uncertainties until it is determined that they have sufficient evidence of guilt3. Others (direct quote from http://www.ksl.edu.np/cpanel/pdf/adversial.pdf) 3. ADVANTAGES OF INQUISITORIAL MODE OF JUSTICE (a) The court plays substantive role in the trial to secure justice. (b) Minor error in the procedure is ignored, if the purpose of justice is solved. Procedure is not held vital, ultimate justice is regarded as the goal. (c) All the component of criminal justice system, i.e. the police, the prosecutor, the defense lawyer, the court and the accused must help to secure justice. So, the accused has no right to silence. (d) Any distortion of evidence, dubious practice followed by the accused or by the lawyers can be easily detected with the effort of the court. 4. DISADVANTAGES OF INQUISITORIAL MODE OF JUSTICE (a) Participation of the court in the inquisition of the case may lead it to biased attitude.

Law Commission of New Zealand. "Adversarial and Inquisitorial Systems: A Brief Overview of Key Features." n.d. Law Commission. 12 August 2013. <http://www.lawcom.govt.nz/sites/default/files/adversarial_and_inquisitorial_systems_2.pdf>.
2

Microsoft Encarta Encyclopedia. "Microsoft Encarta Encyclopedia." Criminal Procedure 2009. Ibid.

(b) Right to privacy of the accused is denied and that the accused is exposed to express everything which he need not express keeping in view of the merit of the case. (c) The prosecutor or the police having separate law to deal with their conduct may misuse their power and is likely to exceed their authority, which they are not entitled to. (d) Supremacy of law and equal treatment of the law for all segments of the society is not entertained