May 09, 2018
Inquiry and Investigation- The Code of Criminal Procedure (CrPC) renders a separate and specific definition for both the terms, however owing to their dictionary meaning the two words are often confused and used interchangeably.
|According to Section 2(g) of CrPC, it means every inquiry other than trial conducted under the CrPC by a Magistrate or Court.||According to Section 2(h) of the CrPC investigation includes all proceedings under the CrPC for collection of evidence conducted by a Police Officer or any person (other than a Magistrate) authorized by a Magistrate in this behalf.|
|Inquiry refers to proceedings conducted by a Court or a Magistrate.||An investigation refers to the proceedings or steps taken by an authority like Police Officer. An investigation is not conducted by Magistrate, it is conducted by a person authorized in this behalf by the Magistrate.|
|An Inquiry primarily aims at determining the truth of reported crime or falsity of facts if any.||Investigation mainly comprises the process of collection of evidence.|
|Inquiry can either be Judicial or non-Judicial.||Investigation cannot be a judicial process.|
|Proceedings under Chapter X (D) [maintenance of public order and tranquility] and Section 176 [inquiry by Magistrate into cause of death] is an Inquiry.||Investigation involved the following process:
– Reporting at the incident of crime
– Ascertaining facts and circumstances of the case
– Discovery and arrest of suspected persons
– Collection of evidence
– Determining whether on the basis of facts and evidence collected there is a case to put the accused on trial or file a chargesheet.