Inquiry, Investigation, and Trial in Criminal Procedure

Posted on May 3, 2024 in Law & Jurisprudence

Inquiry, Investigation, and Trial

The term “investigation” has a broad scope. In the context of law enforcement, an investigation begins with the initial steps taken by a police officer to address an offense and identify the perpetrator. “Inquiry” encompasses all actions taken by a Magistrate in a case, regardless of whether it has been challenged. It doesn’t necessarily imply a judicial inquiry. It’s crucial to distinguish “inquiry” from “investigation” under Chapter XIV of the Criminal Procedure Code (CrPC) and from a “trial.” A “trial” is a judicial proceeding that culminates in either conviction or acquittal. All other proceedings are considered inquiries, with various possible outcomes depending on the circumstances.

Relevant Provisions

Inquiry

  • Section 4(1)(k) Cr.P.C 1898

Investigation

  • Section 4(1)(l), 1898

Inquiry

Literal Meaning

  • Research
  • Interrogation
  • Investigation

Meaning

  • Any proceedings conducted by a Magistrate
  • Any proceedings conducted by a Court

Definition u/s 4(1)(k) Cr.P.C

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

Kinds of Inquiry

  • Departmental Inquiry
  • Judicial Inquiry

Inquiry vs Trial

An inquiry is a proceeding that may precede a trial.

Authority to Conduct Inquiry

Magistrate or Court

Investigation

Literal Meaning

  • Study
  • Search
  • Inquiry

Meaning

  • Proceeding conducted by a Police Officer
  • Proceeding for the collection of evidence

Definition

“Investigation includes all the proceedings under this code for the collection of evidence“.

Nature of Investigation

Criminal in nature

Object of Investigation

To collect evidence relating to the commission of an offense.

Authority to Investigate

The Police officer or any person authorized by a Magistrate (not a Magistrate themselves).

Trial

Literal Meaning

  • Attempt
  • Examination by a test
  • Judicial examination or investigation

Meaning

The judicial proceedings conducted by a Court.

Commencement of Trial

Trial starts after the submission of the challan and continues until the announcement of the judgment.

End of Trial

  • Acquittal
  • Conviction

Procedure for Trial under Cr.P.C

  • Trial by Magistrate
  • Summary Trial
  • Trial by High Court & Court of Session

Distinction between Inquiry, Investigation, and Trial

Here’s a breakdown of the key differences:

Conducting Authority

  • Inquiry: Magistrate or the Court
  • Investigation: Police officer or any person authorized by a Magistrate.
  • Trial: Judge or a Magistrate

Commencement

  • Inquiry: Starts when a complaint is filed with the Magistrate
  • Investigation: Starts when an FIR is lodged or a complaint is made to the Magistrate.
  • Trial: Starts either by framing of charge or arraignment of the accused.

Meaning

  • Inquiry: Any proceedings conducted by a Magistrate or a Court.
  • Investigation: Proceedings conducted by a Police Officer.
  • Trial: The Judicial Proceedings conducted by a Court.

Result

  • Inquiry: Concludes with recommendations.
  • Investigation: Concludes with results and the police officer’s opinion submitted to the Court.
  • Trial: Concludes with punishment or acquittal.

Purpose

  • Inquiry: Determination of truth.
  • Investigation: Collection of evidence to approach the truth.
  • Trial: Finalization of truth and falsity.

Proceedings

  • Inquiry: Proceedings by a Magistrate.
  • Investigation: Proceedings by a Police Officer
  • Trial: Judicial proceedings.

Framing of Charge

  • Inquiry: A charge is framed during the inquiry.
  • Investigation: No charge is framed.
  • Trial: Starts after the framing of charge.

Remedy

  • Inquiry: Appeal or revision against the decision.
  • Investigation: Second inquiry order
  • Trial: Transfer of investigation order

Process

  • Inquiry: The last process
  • Investigation: May be the 1st or 2nd process.
  • Trial: The 1st process

Conclusion

Under the CrPC, investigation generally involves the following steps: 1. Proceeding to the scene of the crime, 2. Ascertaining the facts and circumstances of the case, 3. Discovery and arrest of the suspected offender, 4. Collection of evidence related to the commission of the offense, which may include: a. Examination of various individuals (including the accused) and recording their statements in writing if deemed necessary by the officer, b. Search of places or seizure of items considered necessary for the investigation and to be presented at the trial.