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Informative Article | Law | India | Volume 11 Issue 9, September 2022

Comparative Criminal Procedure

Subhranil Bhowmik

Abstract: Most nations today follow one of two major legal systems - common law system or civil law system. Countries like India, U. S, follow common law system. India?s legal system has been inspired from U. K legal system. Both countries follow the same legal system, but they are still different from each other. Indian law is codified in nature while U. K law is uncodified in nature, which is actual nature of common law. Common law relies on scattered statutes. In common law, judicial precedents are prevalent. The judges play a very important role in shaping the Indian law, American law, British law. Common law functions as an adversarial system, a contest between two opposing parties before a judge who moderates. A jury of ordinary people without legal training decides on the facts of the case. The judge then determines the law. The criminal justice system is the system of law enforcement, which is directly involved in prosecuting, defending, and punishing those who are convicted of crimes. The system of the three countries follows common law system but there are certain differences. As India, U. S follows the same legal tradition with certain differences between the three, the paper briefly discusses about differences in Criminal procedure followed in trials held in court of two countries with the help of cases. The paper shows the difference in the procedure by discussing how the provisions of procedure code of respective countries (India & U. S) deals with matters of search and seizure with the help of cases.

Keywords: Common law, civil law, adversarial system, arrest, search and seizure, criminal justice system, police, reasonable suspicion

Edition: Volume 11 Issue 9, September 2022,

Pages: 1101 - 1104