A Criminologist's Diary-56

A Criminologist’s Diary-56

Account Criminology and Criminal Ju...

NOQUISITORIAL System of criminal justice

Many people know the accusatorial system of justice which is different from the inquisitorial model. But, no one knows much about the noquisitorial system of criminal justice. Why? Such a system does not exist today or existed ever.

The accused should be presumed to be innocent-advocates the accusatorial or adversary model and India follows it.

The accused should be presumed to be guilty- says the inquisitorial system of criminal justice. Some countries, especially in the west, follow it.

Both systems are found to be defective, in my view, although the United Nations Organization accepts the principle (?) that everybody is to be presumed innocent until proved otherwise. My researches prove that this approach has enabled many real culprits to escape punishments.

Just consider these issues-

(1) Can you presume a person to be innocent when you know that he may have committed the offence? The slightest doubt about one’s involvement in the commission of crimes will make the presumption psychologically impossible for human beings. It is like presuming that someone is not your brother when you know that he may be your brother. The pre-trial processes, namely, the arrest, remand, bail etc., are under evidence or reports-not presumptions- that one is guilty. Hence to presume that someone is innocent all on a sudden, overnight-in one minute, too soon- is psychologically impossible. The presumption itself is wrong. This is the reality behind the accusatorial system.

(2) Can you presume that a person is guilty when there is evidence to prove that he is innocent? Many policemen are found and proved to be not honest, corrupt, unfair, unjust etc. and how can one blindly believe such people to be right always? Studies show that they register false cases, concoct evidence, manipulate records and produce tutored eye-witnesses. It is too much because there is a reality (cliché) that power and authority corrupt people and absolute power and authority corrupt absolutely. The policemen have power and authority and precisely therefore, they do abuse their power and misuse their authority. We have any number of instances in which we can say affirmatively that they are violators of human rights and they produce fake witnesses. My researches prove the same. Hence to presume that the accused is always guilty is wrong and psychologically unacceptable. This is about the inquisitorial model.

(3) What about a middle way? The Latin principle is Virtus Stat Medio [ virtue stands in the middle] is true-very true- as the real truth lies between the two extremes. The presumption of guilt is at one extreme and the presumption of innocence is on the other extreme. The middle position is: The accused May or May not be innocent/guilty. Hence, the burden of proof is for the one who claims to be innocent or guilty as the case may be. This is called the NOQUISITORAL SYSTEM OF CRIMINAL JUSTICE.

The word has been coined by removing ‘Accusa…’ and’ inquisi…’ from the ‘ accusatorial’ and ‘inquisitorial’ systems of criminal justice respectively. A NO is put in their place and ‘quisitorial’ is suffixed. Thus the new word ‘Noquisitorial ‘ came into being. The system has been elaborately exposed and discussed in my book Indian Police and Equal Justice Under Law [ISBN:81-7648-066-5,A.P.H. Publishing Corporation,Delhi,1999.]