Difference between Investigation, Inquiry and Trial

Section 2(g) of Code of Criminal Procedure defines the term : "Inquiry" "Inquiry means every inquiry other than a trial conducted under this code by a Magistrate or Court."

Term "Inquiry" is wider than `b'. In V.C. Shukla v. State through C.B.I. AIR 1980 SC 962. The Supreme Court has held that from the time the accused appears or is produced before the Magistrate with the Police Report under Section 170 of Code and the Magistrate proceeds to enquire whether Section 207 of Code has been complied with and then proceeds to commit the accused to the court of Session, the proceedings before the Magistrate would be an inquiry as contemplated by Section 2(g) of the Code."

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So "Inquiry" is a name given to a proceeding conducted under the Code of Criminal Procedure by a Magistrate or a Court, other than a trial for ascertaining or verifying facts with a view to take some action under the code. Ambit of Inquiry is very wide and comprehensive and include proceedings under Sections 340, 144, 145, 176, 446 of Cr.P.C.

Section 2(h) of Code define the expression "Investigation" as "Investigation includes all the proceedings under this code for the collection of evidence, conducted by Police Officer or by any person (other than Magistrate) who is authorized by a Magistrate in this behalf."

Supreme Court recently in Navin Chandra N. Majithia v. State of Meghalaya 2000(4) Recent Criminal Reports 476 has observed "The Code contemplates the following steps to be carried out during such investigation (1) Proceeding to spot (2) Ascertainment of the facts and circumstances of the case (3) Discovery and arrest of suspected offender (4) Collection of evidence relating to the commission of offence which may consist of (a) the examination of various persons (including accused) and reduction of their statement into writing (b) search of places, seizure of things considered necessary for investigation and to be produced at the trial. (5) Formation of opinion as to whether on material collected, there is a case to place the accused before Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge sheet under Section 173."

DISTINCTION BETWEEN INQUIRY AND INVESTIGATION : An `Inquiry' relates to a proceeding held by a court or Magistrate while an `Investigation' relates to steps taken by a police officer or a person other than a Magistrate. The object of Inquiry is to determine `prima facie' the truth of falsity of certain facts in order to take further action thereon. Object of Investigation to ascertain the facts and collecting the evidence relating to commission of crime and to arrest the offender.

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Term "Trial" has not been defined in the Code. Trial may be said to be a judicial proceeding which ends either in conviction or acquittal of the accused. If in a proceeding the court has no power to convict or acquit, it is no `trial'. Trial includes all steps which a criminal court adopts subsequent to the framing of charge and until the pronouncement of judgement.

INQUIRY AND TRIAL - DISTINCTION : Inquiry is the second stage of a criminal proceeding and is always to be conducted by a Magistrate. Term `Trial' is distinguished as an original judicial proceeding. A judicial proceeding in a criminal case which ends either in conviction or acquittal of the accused, is a proceeding in which evidence is or may be legally taken on oath. The proceedings in a summon case after the appearance of accused or in a warrant case, after the charge is drawn are trials . In criminal matters, the inquiry is something different from trial. `Inquiry stops when trial begins so all proceedings before Magistrate, before framing the charge which do not result in conviction or acquittal can be termed as `Inquiry'. Trial presupposes the idea of an offence. But inquiry relates or matters which are not offences .

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