INQUIRY INVESTIGATION TRIAL


INQUIRY INVESTIGATION TRIAL
Ä  Define and differentiate inquiry, investigation, and trial.


INTRODUCTION


INQUIRY
I-                    DEFINITION OF INQUIRY ACCORDING TO SECTION 4(1)(K)

II-                  AUTHORITY TO CONDUCT INQUIRY

III-                OBJECT OF INQUIRY

IV-               NOT AN EXHAUSTIVE DEFINITION

INVESTIGATION
I-                    DEFINITION U/SEC 4(1)(L)

II-                  NATURE OF INVESTIGATION

III-                OBJECT OF INVESTIGATION

IV-               AUTHORITY TO INVESTIGATE

V-                 COMMENCEMENT OF INVESTIGATION
The investigation commences in the following two ways
i)                    When FIR is lodged
ii)                  When complaint is made to the magistrate then any person authorized by the magistrate can conduct the investigation.
TRIAL
I-                    DEFINITION

“A formal examination of evidence in a court of law in order to decide if a person is guilty of a crime.”
II-                  PRESUMPTION REGARDING TRIAL

III-                COMMENCEMENT OF TRIAL

IV-               PROCEDURE FOR TRIAL
Procedure for trials has been provided by the different provisions of CrPC as under;
i)                    Trials by magistrate section 241-250
ii)                  Summary Trial section 260-265
iii)                Trial by High Court and Court of Session 265-A to 265-N
V-                 END OF TRIAL

DIFFERENCE BETWEEN INQUIRY, INVESTIGATION AND TRIAL
I-                    AS TO COMMENCEMENT
Inquiry                   It commences when complaint is field to the magistrate.
Investigation         It commences when FIR is lodges or complaint is made to the magistrate.
Trial                       It starts either by framing of charge or arrangement of the                                          accused.

II-                  PRESUMPTION AS TO COMMISSION OF OFFENCE
Inquiry                   There is no presumption as to commission of an offence.
Investigation         There is no presumption as to commission of an offence.
Trial                       Trial pre-supposes the commission of an offence.

III-                AS TO DEFINITION
Inquiry                   The term inquiry is defined by CrPC.
Investigation         Investigation has been defined by CrPC.
Trial                       The expression trial has not been defined by CrPC.

IV-               END OF PROCEEDINGS
Inquiry                   If evidence is not found then it can be discharged.
Investigation         If evidence is not found then it can be discharged.
Trial                       it either ends in conviction or in acquittal.

V-                 CONDUCTING AUTHORITY
Inquiry                   It can be conducted by a magistrate or the court
Investigation         it can be conducted by a police officer or any person authorized by a magistrate.
Trial                       it can be conducted by a magistrate or judge.

VI-               PURPOSE
Inquiry                   its purpose is to ascertain the truth or falsity of facts of the case.
Investigation         its purpose is the collection of evidence regarding the guilt of the accused.
Trial                       its purpose is to determine the guilt of the accused.

VII-             BAR TO SUBSEQUENT PROCEEDINGS
Inquiry                   this can be conducted again.
Investigation         this can be conducted again.
Trial                       trial barred the subsequent proceedings i.e. principal of double jeopardy.

CONCLUSION