Dr. Justice V.S. Malimath Report First pages - Ministry of Home Affairs

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investigation and the prosecution in discovering truth. Exclusionary rules of
evidence hardly exist. Hearsay rules are unknown in this System. If the
prosecutor feels that the case involves serious offences or offences of complex
nature or politically sensitive matters, he can move the judge of instructions to
take over the responsibility of supervising the investigation of such cases.
2.6. To enable the Judge of instructions to properly investigate the case, he
is empowered to issue warrants, direct search, arrest the accused and examine
witnesses. The accused has the right to be heard and to engage a counsel in the
investigation proceedings before the judge of instructions and to make
suggestions in regard to proper investigation of the case. It is the duty of the
judge of instructions to collect evidence for and against the accused, prepare a
dossier and then forward it to the trial judge. The
The accused is
presumed to be
innocent and it is the
responsibility of the
judge to discover the
truth.
accused is presumed to be innocent and it is the
responsibility of the judge to discover the truth. The
statements of witnesses recorded during
investigation by the judge of instructions are
admissible and form the basis for the prosecution
case during final trial. Before the trial judge the
accused and the victim are entitled to participate in
the hearing. However the role of the parties is restricted to suggesting the
questions that may be put to the witnesses. It is the Judge who puts the
questions to the witnesses and there is no cross-examination as such. Evidence
regarding character and antecedents of the accused such as previous conduct or
convictions are relevant for proving the guilt or innocence of the accused.
2.7. The standard of proof required is the inner satisfaction or conviction of
the Judge and not proof beyond reasonable doubt as in the Adversarial System.
2.8. Another important feature of the Inquisitorial System is that in respect
of serious and complex offences investigation is done under the supervision of
an independent judicial officer__ the Judge of Instructions__ who for the
purpose of discovering truth
collects evidence for and
against the accused.
2.9. In evaluating the
two systems we should not
forget the basic requirement
of fairness of trial. In
Another important feature of the Inquisitorial
System is that in respect of serious and
complex offences investigation is done under
the supervision of an independent judicial
officer__ the Judge of Instructions__ who for
the purpose of discovering truth collects
evidence for and against the accused.