Distinction Between Investigation, Inquiry and Trial

INVESTIGATION:

In common dialect, “investigation” and “inquiry” are used as synonymous. Under the Criminal Procedure Code, Section 2 (h) the term “investigation” is to be conducted always by a police officer or any other authorized person other than a Magistrate, who is authorized by a Magistrate in his behalf. The object of investigation- It includes all the proceedings under the Code for the collection of evidence. It was observed by the court that etymologically, the meaning of term investigation is that which includes any process involving sifting of materials or search of any relevant data for the purpose of ascertaining facts in issue in a matter in hand[1]. If investigating agencies conduct mala fide investigation, then it is open to correction by invoking the jurisdiction of the High Court under Art 199 of the Constitution.

INVESTIGATION OF AN OFFENCE CONSISTS OF:

1. Proceeding to the spot where the offence has been committed.
2. Ascertain the facts and circumstances of the case.
3. Discovery and arresting the suspected offender.
4. Collecting evidence of the offence that may consist of:
   1. Examination of various persons (including accused) and reduction of his statement into writing, if it is deemed fit by the officer.
   2. The search and seizure are considered necessary for investigation and to produce before trial.
5. Formation of the opinion as to whether on the materials collected, there is a case to place the accused before a Magistrate for trial, and if so, taking necessary steps for the same by the filing of a charge-sheet under Section 173[2].

POLICE, WHEN TO INVESTIGATE

1. On the information received from any person as to the commission of any cognizable offence.
2. Even without any such information, if they have any reason to suspect the commission of any cognizable offence.
3. On receiving an order from any Judicial Magistrate empowered to take cognizance of any offence under Section 190[3].

CASES INVOLVED- The investigating agency and the investigating officer have a high degree of responsibility and ethical rectitude to ensure that the investigations are carried out without any bias and are conducted in all fairness not only to the accused person but also to the victim of any crime, whether the victim is an individual or the state[4]. It may be noted that a Magistrate is kept in the picture at all stages of the police investigation, but he is not authorized to interfere with the actual investigation or to direct the police on how the investigation is to be conducted[5].

INQUIRY:

An “inquiry” under the Criminal Procedure Code, Section 2 (g), means every inquiry which is conducted by a Magistrate or Court and which is not a trial. The inquiry relates to the proceedings that are carried out by the Magistrate before a trial is done. The inquiry is never conducted by the police, though in common parlance we talk of police inquiries. The inquiry includes all the inquiries that are conducted under this code but it does not include the trials that are conducted by a Magistrate. Section 159 of CrPC empowers the Magistrate on a receipt of a police report under Section 157 of CrPC, any Magistrate subordinate to him, to hold a preliminary inquiry into to ascertain whether an offence has been committed into or otherwise to dispose of the case.

The object of inquiry- determination of truth or falsehood of certain allegations with a view to taking further action. An inquiry does not necessarily mean an inquiry into an offense for it may relate to matters which are not offenses. An inquiry in respect of an offense never ends in conviction or acquittal; at the most, it may result in discharge or commitment of the case to sessions.

If a warrant case instituted other than on a police report, the proceeding upon the framing of the charge is itself an inquiry. Every one of those procedures before a Magistrate preceding the confining of a charge which doesn’t bring about conviction is “inquiry”. An inquiry into an offence never finishes in conviction or quittance; at the most, it might bring about release or committal of the case for trial by a Magistrate/Sessions Judge[6].

TYPES OF INQUIRY

1. Judicial Inquiry
2. Non-Judicial Inquiry
3. Preliminary Inquiry
4. Local Inquiry
5. Inquiry into offence
6. Inquiry relating to a matter other than offence.

Example- Where the inquiry relates to a matter other than the determination of guilt or innocence of any alleged offence, it is a mere inquiry.Inquiry for determining the liability to pay maintenance to the wife, child or parent under Section 125. Inquiry for deciding as to the liability to furnish a bond for keeping peace and for being good behavior under Sections 107, 108, 109, 110, etc.

TRIAL:

The term “trial” has not been defined in the code. It means the judicial process in accordance with law whereby the question of guilt or innocence of the person accused of any offence is determined. The trial is the examination and determination of a cause by a judicial tribunal which has jurisdiction over it. Trial Pre-supposes the commission of an offence and generally begins with the framing of charge. A trial is a judicial proceeding which ends in conviction or acquittal. In a criminal trial, the function of the court is to find out whether the person, who is produced before the court as accused, is guilty of the offence with which he has been charged.

A Sessions Court cannot directly take cognizance of any offence, even though it is exclusively triable by such court. A competent Magistrate may take cognizance of such an offence and commit the case to the Sessions Court for trial[7]. The only exception where a Sessions Court can directly take cognizance of an offence is in case of defamation of high dignitaries and public servants under certain circumstances[8]. In trial of warrant cases by a Magistrate is of 2 types, (a) Cases instituted on a police report. (b) Cases instituted otherwise than on a police report. In Summons cases under Section 251 of Crpc, the accused appears or is brought before the Magistrate, the particulars of the accusation against him shall be stated to him but it is not necessary to frame a formal charge against him.

TYPES OF TRIAL

1. Trial by court of Sessions
2. Trial of warrant cases by a Magistrate
3. Trial of summons cases by a Magistrate
4. Summary trials.

For example- when a Magistrate or court conducts an inquiry for deciding as to the guilt or innocence of any person accused of any offense, such an inquiry is not just an “inquiry” but it is termed as a “trial”.

CASES INVOLVED- at the beginning and the initial stage of the trial, the truth, veracity and effect of the evidence which the prosecutor proposes to adduce are not to be meticulously judged[9]. In another case, it was held that under Section 409 of IPC there cannot be any prohibition to a trial and a conviction, in a case where the accused had been tried and acquitted of an offence under Section 52 of The Prevention of Corruption Act, 1947 that has been constituted on identical facts[10].

[1]State V. Pareshwar Ghasi, 1967

[2]H.N.Rishbud V. State of Delhi, AIR 1955 SC 196

[3] See, S. 156 (3).

[4]Common Cause V. Union of India, (2015) 6 SCC 332

[5]Kuldip Singh V. State, 1994 Cri LJ 2502 (Del)

[6]https://www.legalbites.in/meaning-and-purpose-of-trial-and-difference-between-trial-and-inquiry-under-the-code-of-criminal-procedure-1973/

[7]See, S. 209 of Crpc.

[8] See, S. 199(2), (3), (4), (5) and (6) of Crpc.

[9] State of Bihar V. Ramesh Singh, (1997) 4 SCC 39

[10]State of M.P. v. Veereshwar Rao Agnihotry, 1957

This article is authored by Shruthi. U, 4th Year, B.A.L.L.B (Hons) student Student at Sastra Deemed to be University, Tanjore.

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