Define & distinguish between Inquiry & Trial.

Q. Define & distinguish between Inquiry & Trial.

1.INTRODUCTION.

The inquiry, investigation and trial are three different stages of the case. The first stage in the case is inquiry. The inquiry is an order of a Magistrate in respect of investigates the case Under Section 202 of Cr.P.C. The case is submitted by the Magistrate to the police officer / any person for inquiry. If the nominated officer finds that no offence has been committed, he reports to the Magistrate in respect of that matter, the Magistrate stop the further proceeding and the case comes to be an end. But if he is submitted contrary opinion, he sends the case to a Magistrate for further proceeding.

The term trial has not been defined in Cr.P.C. so it may be defined in a general sense. It means proceeding, which starts when the case is called by the Magistrate or Judge after received the investigation report by the police officer or other authorized officer. Trial is the examination and determination of a course related to the incident. It is a judicial proceeding by the Magistrate or Court. It can be conducted by a Magistrate or Judge. Its main purpose is to determine the guilt of the accused.

2. RELEVANT PROVISIONS.

(I). Section 4(1)(k) deals the term Inquiry under Cr.P.C.

(II). Cross Reference of Term Trial.

(i). Section 241 to 250 Trial By Magistrate.

(ii). Section 260 to 265 Summary Trial.

(iii). Section 265-A to 265-N Trial by High Court and Court of Session

3. MEANING OF INQUIRY.

Inquiry means finding the truth of the facts.

4. DEFINITION OF INQUIRY.

(I). According To Section 4(1)(k) of Cr.P.C.

“Inquiry includes every inquiry other than a trial conducted under this code by a Magistrate or Court”.

(II). Case Law Definition. “Bhalla Sing’s Case” (1897).

“Inquiry is meant to include everything done in a case by a Magistrate or other competent authority to ascertain the truth of the facts”.

(III). Simple Definition.

“Inquiry is a further process to obtain the truth of the facts regarding the case”.

5. EXPLANATION.

The term inquiry is not confined to proceedings in which an accused is actually placed before a Magistrate on a charge for an offence. It is meant to include everything done in a case by a Magistrate whether the case has been challenged or not.

6. MEANING OF TRIAL.

Trial means judicial proceeding.

7. DEFINITION OF TRIAL.

“Trial is a judicial proceeding starts with the Magistrate or Court in respect of examination and determination of a created case of offence”.

OR.

“Trial means a proceeding, which starts when the case is called by a Magistrate or judge on the bench, the accused is in the dock and representatives for both the prosecution and defense are in the Court for the hearing of case, and this ends at either acquittal or conviction”.

8. EXPLANATION.

Trial is the examination and determination of a cause by a judicial tribunal which has jurisdiction over it. It is a judicial proceeding which ends in conviction or acquittal but not discharge.

9. DIFFERENCE BETWEEN INQUIRY & TRIAL.

(I). Relevant Provisions.

Inquiry.

Section 4(1)(k) of Cr.P.C deals the term inquiry.

Trial.

Cross Reference of Term Trial.

(i). Section 241 to 250 Trial By Magistrate.

(ii). Section 260 to 265 Summary Trial.

(iii). Section 265-A to 265-N Trial by High Court and Court of Session

(II). Meaning.

Inquiry.

Inquiry means finding the truth of the facts.

Trial.

Trial means judicial proceeding.

(III). Definition.

Inquiry.

“Inquiry includes every inquiry other than a trial conducted under this code by a Magistrate or Court”.

Trial.

“Trial is a judicial proceeding starts with the Magistrate or Court in respect of examination and determination of a created case of offence”.

(IV). Commencement.

Inquiry.

It commences when complaint is filed to the Magistrate.

Trial.

It starts either by framing of charge or arrangement of the accused.

(V). Presumption As To Commission of Offence.

Inquiry.

There is no presumption as to commission of offence.

Trial.

Trial pre-supposes the commission of an offence.

(VI). End of Proceeding.

Inquiry.

If evidence is not found then it can be discharged.

Trial.

It either ends in conviction or in acquittal.

(VII). Conducting Authority.

Inquiry.

It can be conducted by a Magistrate or the Court.

Trial.

It can be conducted by a Magistrate or Judge.

(VIII). Purpose.

Inquiry.

Its purpose is to ascertain the truth or falsity of certain facts of the case.

Trial.

Its purpose is to determine the guilt of the accused.

(IX). Bar To Subsequent Proceedings.

Inquiry.

It can be conducting again.

Trial.

Trial barred the subsequent proceedings i-e. Principal of double jeopardy.

10.CONCLUSION.

The pith and marrow of all the previous discussion there is no iota untruth shows that the inquiry is an order of a Magistrate in respect of investigates the case Under Section 202 of Cr.P.C. The case is submitted by the Magistrate to the police officer / any person for inquiry. If the nominated officer finds that no offence has been committed, he reports to the Magistrate in respect of that matter, the Magistrate stop the further proceeding and the case comes to be an end. But if he is submitted contrary opinion, he sends the case to a Magistrate for further proceeding.

The term trial has not been defined in Cr.P.C. so it may be defined in a general sense. It means proceeding, which starts when the case is called by the Magistrate or Judge after received the investigation report by the police officer or other authorized officer. Trial is the examination and determination of a course related to the incident. It is a judicial proceeding by the Magistrate or Court. It can be conducted by a Magistrate or Judge. Its main purpose is to determine the guilt of the accused.