INQUIRY INVESTIGATION TRIALÄ Define and differentiate inquiry, investigation, and trial.
I- DEFINITION OF INQUIRY ACCORDING TO SECTION 4(1)(K)
II- AUTHORITY TO CONDUCT INQUIRY
III- OBJECT OF INQUIRY
IV- NOT AN EXHAUSTIVE DEFINITION
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.
“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.
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.