Define & distinguish between Investigation & Trial.

Q. Define & distinguish between Investigation & Trial.

1.INTRODUCITON.

Investigation is a searching the facts and collection of evidence by a police officer or by any person nominated by the Magistrate. Investigation officer can use his powers under rule regarding the collection of evidence and other material related received inquiry. He is authorized by a Magistrate. A proceeding by a police officer or any other investigation officer for the collection of evidence related to offence has been committed is called investigation. It can also be made by a person special authorized by a Magistrate. If the Investigation does not reveal that an offence has been committed, the case may be filed and no action is taken.

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)(l) deals the term Investigation 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 INVESTIGATION.

Trying the facts and collection the evidence.

4. DEFINITION OF INVESTIGATION.

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

“Investigation includes all the proceedings under this code for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf”.

(II). Simple Definition.

“Investigation is an important act doe by the police officer or other authorized officer regarding inquire the matters related to the case is called investigation”.

5. EXPLANATION.

A proceeding by a police officer other than a Magistrate for the collection of evidence for ascertaining as to whether any offence has been committed is called investigation. It can also be made by a person specially authorized by a Magistrate. If the investigation does not reveal that an offence has been committed, the case may be filed and no action is taken.

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 INVESTIGATION & TRIAL.

(I). Relevant Provisions.

Investigation.

Section 4(1)(I) of Cr.P.C deals the term investigation.

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.

Investigation.

Trying the facts and collection the evidence.

Trial.

Trial means judicial proceeding.

(III). Definition.

Investigation.

“Investigation includes all the proceedings under this code for the collection of evidence conducted by a police-officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf”.

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.

Investigation.

It commences when F.I.R is lodges or complaint is made to the Magistrate.

Trial.

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

(V). Presumption As To Commission of Offence.

Investigation.

There is no presumption as to commission of offence.

Trial.

Trial pre-supposes the commission of an offence.

(VI). End of Proceeding.

Investigation.

If evidence is not found then it can be discharged.

Trial.

It either ends in conviction or in acquittal.

(VII). Conducting Authority.

Investigation.

It can be conducted by a police officer or any person other than a Magistrate or Court.

Trial.

It can be conducted by a Magistrate or Judge.

(VIII). Purpose.

Investigation.

Its purpose is the collection of evidence regarding the guilt of the accused.

Trial.

Its purpose is to determine the guilt of the accused.

(IX). Bar To Subsequent Proceedings.

Investigation.

It can be conducted 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 Investigation is a searching the facts and collection of evidence by a police officer or by any person nominated by the Magistrate. Investigation officer can use his powers under rule regarding the collection of evidence and other material related received inquiry. He is authorized by a Magistrate. A proceeding by a police officer or any other investigation officer for the collection of evidence related to offence has been committed is called investigation. It can also be made by a person special authorized by a Magistrate. If the Investigation does not reveal that an offence has been committed, the case may be filed and no action is taken.

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.