In criminal proceedings, the terms inquiry, investigation, and trial are often used interchangeably. However, under the Code of Criminal Procedure, 1973 (CrPC), each stage has a distinct meaning, purpose, and legal consequence. Understanding this distinction is essential for lawyers, litigants, and even investigating authorities.
1. Investigation
Statutory Definition
Section 2(h) CrPC
“Investigation” includes all proceedings under the CrPC for the collection of evidence conducted by a police officer or by any person authorised by a Magistrate.
Who Conducts It
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Police officers
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Any person authorised by a Magistrate
Purpose
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To collect evidence
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To ascertain whether an offence has been committed
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To identify the accused
Key Features
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Begins after registration of FIR
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Includes:
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Scene of offence inspection
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Recording statements (Section 161)
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Arrest, search, seizure
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Medical and forensic evidence
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Ends with filing of:
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Charge-sheet (Section 173) or
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Closure report
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Nature
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Executive function
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Courts generally do not interfere except in exceptional cases
2. Inquiry
Statutory Definition
Section 2(g) CrPC
“Inquiry” means every inquiry, other than a trial, conducted by a Magistrate or Court.
Who Conducts It
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Magistrate or Court
Purpose
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To determine whether there is sufficient ground to proceed
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To decide whether:
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Process should be issued
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Charge should be framed
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Complaint should be dismissed
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Common Types of Inquiry
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Inquiry under Section 200–202 CrPC (complaint cases)
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Inquiry before framing of charge
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Inquiry for commitment of case to Sessions Court
Key Features
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Judicial in nature
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Evidence may be examined, but no determination of guilt
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Accused may or may not participate
3. Trial
Meaning
A trial is the judicial proceeding where the court determines the guilt or innocence of the accused based on evidence and arguments.
Who Conducts It
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Magistrate or Sessions Court, depending on offence
Purpose
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To adjudicate the charge
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To decide conviction or acquittal
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To impose sentence if guilt is proved
Key Features
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Framing of charge
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Examination and cross-examination of witnesses
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Final arguments
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Judgment and sentencing
Nature
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Strictly judicial
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Governed by principles of:
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Natural justice
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Fair trial
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Presumption of innocence
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Comparative Table
| Aspect | Investigation | Inquiry | Trial |
|---|---|---|---|
| Definition | Collection of evidence | Judicial scrutiny before trial | Determination of guilt |
| Conducted by | Police | Magistrate / Court | Magistrate / Sessions Court |
| Stage | Initial | Intermediate | Final |
| Nature | Executive | Judicial | Judicial |
| Outcome | Charge-sheet / Closure | Proceed or dismiss | Conviction / Acquittal |
| Decision on guilt | ❌ No | ❌ No | ✅ Yes |
Important Legal Distinction
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Investigation deals with facts
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Inquiry deals with judicial satisfaction
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Trial deals with adjudication of guilt
Courts have repeatedly held that trial begins only after charges are framed, not during investigation or inquiry.
Conclusion
The criminal justice process is stage-wise and structured. Confusing inquiry, investigation, and trial can lead to procedural errors and miscarriage of justice. Each stage has a distinct role, and safeguards exist at every level to ensure fairness and legality.
