Define Inquiry, Investigation and Trial, also differentiate between them?

Answer:

Introduction:

            The terms investigation, inquiry and trial denotes three different stages of criminal case. Investigation is conducted by a Police Officer to collect evidence, Inquiry is conducted by Magistrate or Court to determine the guilt of the accused and trial is a Judicial proceedings which either ends in acquittal or conviction.

Investigation:

            Definition u/s 4(1)(l):

                        Investigation includes all the proceedings under this code for the collection of evidence, conducted by a Police Officer or by any person other than a magistrate, who is authorized by a magistrate in this behalf.

Analysis of the definition:

·         What is incudes:

      Investigation includes all the proceedings under this code for the collection of evidence. Under the code, investigation consists generally of the following steps.

·         Proceedings to the spot.

·         Ascertainment of the fact and circumstances of the case.

·         Discovery and arrest of the suspected offender.

·         Collection of evidence of the offence which may consist of :

·         The examination of various persons (including the accused) and the reduction of this statements into writing, if the officer thinks fit.

·         The search of places or seizure of things considered necessary for investigation and to be produced at the trial.

·         Authority to Investigate:

      The Police Officer or any other person authorized by a magistrate in this behalf are competent persons to investigate.

Commencement of Investigation:

The investigation commences in the following two ways.

·         When FIR is lodged than the Police Officer incharge is authorized person to investigate.

·         When a complaint is made to magistrate than any person authorized by the magistrate in this regard can investigate.

Malafide Investigation:

            Investigation launched malafide by investigating agencies would be open to correction by invoking constitutional jurisdiction of High Court under Art.199 fo the constitution. (1997 CMR 2008)

Inquiry:

Definition under Sec 4(1)(k):

Inquiry includes every inquiry other than a trial conducted under this code by a magistrate or court.

·         Authority to conduct inquiry:

            The inquiry must be conducted by a magistrate or court.

·         Object of inquiry:

            The object of inquiry is to ascertain the truth of the facts in order to take further action.

·         What it includes:

            This word is meant to include everything done in a case by a magistrate whether the case has been challenged or not. It does not always mean a judicial inquiry. Whether it does or not depends on the context in which it is used.

            The definition in the code is exhaustive under the code it means not only an inquiry into an offence but extends to inquires into matters which are not offences. Proceedings under chapter (XII) (disputes as to Immovable Property) are inquiries, within the menaing of Sec.4 of the code.

·         What it excludes:

            Inquiry includes all inquiries conducted under this code, but not includes trials conducted by a magistrate.

Difference between Investigation and Inquiry:

·         Authority to Conduct: An inquiry must be by a magistrate or court, whereas an investigation is by a Police Officer or any person other than a magistrate or court.

·         Object: The object of an Inquiry is to determine the truth or falsity of certain facts in order to take further action thereon, while the object of an investigation is to collect evidence.

·         Stage: Inverstigation is the first stage of the case and normally procedes inquiry by a magistrate.

·         Commencement: Inquiry commences when comlaint is filed to the magistrate while investigation commences when FIR is lodges or complaint is made to the magistrate.

Trial

The term trial has not been defined by CrPc. So it may be defined in general sense as, “Trial means a proceedings, which starts when the case is called by a magistrate or judge on the bench, the accused is in the dock and representatives for both the prosecution and defence are in the court for the hearing of cae and this ends at either acquittal or conviction”.

            Trial Pre-supposes the commission of an offence and generally begins with the framing of charge.

Difference between Inquiry and Trial:

·         Endig: A trial is a Judicial proceeding which ends in conviction or acquittal. All other proceedings are inquiries which have various ending according to circumstances.

·         Presuposition: The word trial as used in this code presuposes the idea of an offence but “inquiry” does not necessarily presuposes the idea of an offence. It extends to matters which are not offences. E.g Proceedings under Section 117, 145 & 514 of the code.

·         Defined: The term “Trial” has not been defined by the code but Inquiry has been defined by the code under section 4(1)(k).

·         Purpose: The purpose of inquiry is to ascertain the truth a falsity of facts of the case while the purpose of trial is to determine the guilt of the accused.