ADVERSARIAL VS. INQUISITORIAL LEGAL SYSTEM IN BANGLADESH
Channel: Biswas Soumendra Dev Dipu
Date: 2023-01-23

ADVERSARIAL VS. INQUISITORIAL LEGAL SYSTEM IN BANGLADESH
22 January, 2023 | Biswas Soumendra Dev Dipu

In Bangladesh's adversarial or accusatorial nature of the legal system, the judge decides on
the case's merits based on the relevant laws and the evidence offered by the parties. The
judge serves as an unbiased umpire and resolves the case on its merits.
The adversarial and inquisitorial legal processes are most prevalent in how matters are
investigated and decided throughout the world. In common law countries, the adjudication
process involves an adversarial process or accusatorial process to ascertain the facts. When
the opposing sides go head-to-head, the judge serves as the referee to ensure justice to the
defendant or plaintiff; and to ensure that the complex set of rules are followed. The court
plays no important role in case preparation. The adversarial system is predicated on the idea
that a competitive process is the most accurate approach to gather the facts and apply the
law.
On the other hand, the long-standing inquisitorial system is connected to civil law legal
structures. It is defined by extensive pre-trial research and interrogation in order to avoid
prosecuting an innocent individual. The procedure may be viewed as a formal investigation
to uncover the truth. While the judge in charge of the adversarial system serves more as a
mediator between the claims of the plaintiff and defendant, the judge in charge of the
inquisitorial method has more power.