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THE POWER OF JUDGE TO PUT QUESTION: AN EXCEPTION TO THE ADVERSARIAL JUSTICE SYSTEM - BY R.POOJA KANMANI

INTRODUCTION
The preconception in regards to the legal system, the functioning of the courts, the judicial and legal fraternity among the public are mostly untrue as their assumptions are based on filmic representations. But in reality, the actuality stands entirely dissimilar from entertainment sponsored representation. It’s an ongoing custom in the visual entertainment media to portray a judge putting forth questions to the victims or the witnesses. In the eyes of a layman, the inquisitorial role of a judge is conventional and undebatable. However, in the eyes of a legal realm a distinct position shall be taken as evidence plays a colossal role in the legal system. The power vested upon the judge is based on two systems namely, the adversarial system and the inquisitorial system. In the adversarial system, the judge plays the non-interventionist role, thereby to merely oversee the matter and to ensure that the evidence is served beyond reasonable doubt. Whereas in the inquisitorial system it is the judge who collects the evidence and thus the question of cross examination is nonexistent, and the counsels of both the party can just suggest questions which can be asked by the judges. The duty bestowed upon the court is not just to merely serve justice, but to ensure that the justice is served. In order to ensure the serving of justice, the right of the judge to put forth question is impeccable.
JUDGES AND THEIR RIGHT TO ASK QUESTION: AN EXCEPTION
The power of the judges and their right to put forth questions is debated time to time. Various nations have taken various approaches towards judges’ powers and right to ask questions. European countries are the pioneers in the inquisitorial system while France being the frontrunner. But nations like England have taken adversarial system on the determination of judges’ power and the right to ask questions. Whereas in India the power of judges can be viewed through plethora of judgments by both the Apex Court and High Courts of India. The right to put forth questions by the judges is being rendered through s 165 of the Indian Evidence Act. Section 165 of the Indian Evidence Act read with section 311 of the Code of Criminal Procedure confers the judiciary with enormous authority to undertake all measures which the court deems fit to reach the truth and render justice. This principle had remained hardly challenged for several decades. In the case of Krishnegowda v. State of Karnataka the Court reiterated the principle for attainment of justice. The relationship between S165 of the Indian Evidence Act and s 311 of Code of Criminal Procedure has been deeply described in the case of Sister Mina v. State of Orissa. The Apex Court and several High courts of India has from time to time mentioned about the enormous power bestowed upon the courts via s165 of the evidence Act, thereby proving that the courts still hold this principle stringently. On similar lines, in Suresh Chandra Jana v. State of W.B, following the utilisation of Section 165 of the Evidence Act, it was held that the duty of a court is to discover the actuality and accepting a small gap or delay in investigation as a factor for letting go of the accused, shouldn’t be fine with the court. More so ever, when the truth is hindered. In the case of Sanjay Kumar v. State of Bihar, it was held that the judge can put forth any question whether relevant or irrelevant and the parties cannot question the same. The court laid emphasis on how both the sections when read together enshrine the court with the power to question the witness at any point during the trial. Analyzing the stated cases show how despite the presence of an adversarial system in the country, there are pleasing hints of inquisitorial justice in the legal system. No power can be given in abundance and unquestionable. The same is applicable to the power vested with the court through s 165 of the evidence act read with s 311 of the code of criminal procedure. This check in power has been rightly stated in the case of Dina Nath v. State of Bihar, whilst the choice to the judiciary is quite extensive, the extent of the law needs to be kept in a check. In order to detain the judiciary from abusing the colossal power, three tests have been identified.
1.The judge shall maintain neutrality
2.The judge shall remain calm and not show any form of aggression.
3.The judge shall maintain judicial composure.
These tests have been reiterated by several courts in various cases such as Patel Maheshbhai v. State of Gujarat, Suresh Chandra Jana v. State of West Bengal. etc.,The Malimath committee analyzed the need and repercussions of the contemporary criminal justice system and stated that letting go of the inquisitorial system will create chaos in the justice delivery. The committee acclaimed the presence of a hint of inquisitorial system in the adversarial system of criminal justice in India and stressed for the need for adopting various virtuous and noteworthy features of the inquisitorial system. 
CONCLUSION
From the above analysis its evident that the Indian legal system is adversarial, but not in strict sense. The presence of the exception in question, i.e., the power of a judge to put questions, shouldn’t be just appreciated but also be accustomed to the entire judicial system of the country. Adopting only one of each system, will not help in attaining justice. An integration of the legal systems and structures with taking in considerable features from each of the system according to the need and structure of the country will serve justice by providing flexibility in addition to far reaching justice system.

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