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.
1 comment:
Its fantastic paragraph about education and fully explained. I know one firm that has an experienced multi-ethnic staff with bilingual investigators. Its the Specialized InvestigationsM
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