Скачать или смотреть Inquiry, Investigation and Trial | जांच, अन्वेषण और विचारण में अंतर | CrPC-1973

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Inquiries and trial are simply two out of the various stages in the due course of deciding a case of criminal nature. They are both defined as under the Code of Criminal Procedure, 1973. The Chapter XXIV deals with the general provisions as to inquiries and trials.

An Inquiry is either done by a magistrate or by the court. It is not to be done by police officials. Inquiry is different from Investigation.
Inquiry according to the Code includes every inquiry other than a trial conducted under this Code, by a Magistrate or court. It relates to proceedings of Magistrates prior to trial. [Section 2 (g)]

Section 159 of the Code empowers a Magistrate on receipt of a police report under Section 157, Cr.P.C. to hold a preliminary inquiry in order to ascertain whether an offence has been committed and, if so, whether any persons should be put upon their trial.

The cases which are triable by the court of sessions, the commencement of proceedings takes place before a Magistrate, which are in the nature of an inquiry preparatory to sending the accused to take his trial before the Court of Session.

Investigation:

“Investigation”, according to the Code, includes all proceedings under it 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. [Section 2 (h)].

Investigation consists of steps taken by a police officer other than a Magistrate to ascertain whether any offence has been committed at all and, if so, by whom and what is the evidence on which the prosecution can be based. Investigation can also be made by a person specially authorized by a Magistrate to do so. The case is only started if investigation by the police reveals that an offence has been committed by the accused, otherwise not.

Trial:

The term “trial” has not been defined in the Code. It is the examination and determination of a cause by a judicial tribunal which has jurisdiction over it. It is a judicial proceeding which ends in conviction or acquittal but not discharge.

In a warrant case the trial begins with the framing of the charge when the accused is called upon to plead thereto : but in a summons case, as if is not necessary to frame a formal charge, the ‘trial’ starts when the accused is brought before the Magistrate and the particulars of the offence are stated to him. In a case exclusively triable by a court of session the trial begins only after the committal proceedings by the Magistrate. The term “trial” includes appeal and revision, which are a continuation of the first ‘trial’.

Topics covered
1. What is inquiry in law
2. What is inquiry in crpc
3. What is investigation
4. What is trial
5. Difference between inquiry and investigation
6. Difference between investigation and trials
7. Difference in inquiry, investigation and trial






























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