Need inquisitorial system of trial in sexual assault cases

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News:The Bar Council of Delhi(BCD) has demanded the setting up of a separate police force and replacing the colonial system of investigation and trial with a French inquisitorial system to deal with cases of crimes against women in the country.

Facts:

About inquisitorial system:

  • An inquisitorial system is a legal system in which the court or a part of the court is actively involved in investigating the facts of the case. 
  • This is distinct from an adversarial system in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. 
  • The system is used primarily in countries with civil legal systems such as France and Italy, as opposed to common law systems.
  • However,countries using common law may also use an inquisitorial system for summary hearings in cases such as minor traffic violations.

Additional information:

About Adversarial System:

  • The adversarial system or adversary system is a legal system used in the common law countries.
  • It is a system where two advocates represent their parties positions before an impartial jury or judge who attempts to determine the truth of the case.