Investigation, Inquiry and Trial

 The three terms investigation, inquiry and trial denotes three different stages of criminal case.

Investigation [2(h)]

Investigation is the first stage and is reached when a police officer either by himself or under the order of magistrate investigates into a case.(section 202).

Thus investigation of a case is a scrutiny which includes all the proceedings conducted by a police officer  or any person (other than magistrate) authorized by magistrate, for collection of evidence to ascertain if an offence has been committed at all ,if so, by whom and what is the evidence which can be adduced in committed offence.

It commences on receiving information.

Its ultimate aim is to get at truth in respect of the information received by investigating officer.

Its steps are

1.Going to spot spot

2.Ascertain facts of the case there

3.Discovery and arrest of suspects

4.Collection of evidence

a.Examination of accused

b.Search of place

Inquiry [2(g)]

After the result of investigation is sent to magistrate the second stage of a criminal case that is inquiry begins before the magistrate. It is a judicial proceeding made by a magistrate or a court.

In inquiry magistrate finds out the truth or falsity of the allegation for taking further step. The inquiry here means everything done in a case that is every inquiry other than trial by magistrate or court. The inquiry results in charge or discharge of accused.

Trial

After inquiry when a magistrate is satisfied that a case has been made out against the accused he places the accused for trial before session courts.

Trial is a judicial proceeding which invariably ends in acquittal or conviction of the accused.

Investigation and inquiry

1.The investigation is made by police officer while enquiry is a judicial proceeding made by magistrate or court.

2.The object of investigation is to collect evidence for the prosecution of the case while the object of inquiry is to find out the truth and falsity of certain alleged facts in order to take further action thereon if warranted.

3. Investigation is the first stage of the case and normally preceeds inquiry by magistrate.

Inquiry and trial

1.Inquiry does not necessarily means inquiry into an offence it may relate to matters which are not offence for eg disputes. Trial, on the other hand is always of an offence.

2. an inquiry in respect of offence never ends in conviction or acquittal but results in discharge or charge. A trial must invariably ends in acquittal or conviction of the accused.

3. Inquiry as defined in the code does not include  a trial but refers only to a judicial inquiry into the matter by magistrate or a court.