What is Inquiry?
Section 2(g) of the Code of Criminal Procedure (CrPC), 1973 states that an Inquiry means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
All inquiries carried out by this code are included in the term “inquiry,” although trials presided over by a magistrate are not. After receiving the police report under Section 157 of the CrPC, the Magistrate is authorized by Section 159 of the CrPC to convene a preliminary inquiry to determine if an offense has been committed and, if so, whether anybody has to face trial. The procedures may take the form of an investigation to get the accused sent to the court of session for a trial.
Key Features of Inquiry:
- Inquiries involve a preliminary assessment conducted by a magistrate or court to determine if an offense has been committed and if trial proceedings are necessary.
- Inquiries entail judicial scrutiny of police reports, complaints, and witness testimonies to establish legal grounds for further action.
- Magistrates have the authority to conduct inquiries and make decisions regarding the need for trial proceedings based on the evidence presented.
- Inquiries can take various forms including preliminary, judicial, non-judicial (administrative), local, and offense-related, each serving distinct purposes within the legal framework.
Difference between Trial and Inquiry
Trial and Inquiry, as they are known in criminal law, are two separate phases of the criminal justice system. The stage of Inquiry is when the investigative agencies go before a court or magistrate and present the evidence they have acquired. The case will go to Trial if the judicial officer determines that there is enough evidence to prove a charge. A judge will determine whether the suspect is guilty or not of the crime after hearing testimony from the prosecution and defense during the trial.
Table of Content
- What is Inquiry?
- What is Trial?
- Difference between Trial and Inquiry
- Conclusion
- Difference Between Trial and Inquiry-FAQs.
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