Define and distinguish between Inquiry and Trial

Question: Define and distinguish between Inquiry and Trial [U.P.C.J. 1987]

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Answer

The term “Inquiry” means every inquiry other than a trial, conducted by a Magistrate or the Court. The Code of Criminal Procedure 1973, defines the term inquiry in Section 2(g). An inquiry is considered as the second process of a criminal case after the investigation and it is conducted before the trial.

According to the CrPC, the inquiry shall be conducted by the magistrate or the court. The inquiry is conducted by the judiciary with the main objective to determine whether the further proceedings of the case move to trial and to discover the truth behind the facts of the case.

The proceedings of inquiry move during the beginning of the charge framing. After the charge framing, the trial process starts.

The term ‘Trial’ has not been defined in the CrPC, however is commonly understood to mean – a judicial proceeding where evidence is allowed to be proved or disproved, and guilt of a person is adjudged leading to an acquittal (an exoneration from charge) or a conviction.

Differences between Inquiry and Trial

1. It is defined under Section 2(g) of CrPC whereas Trial has not been defined under the act.
2. According to section 2(g), “Inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court. While the trial may be said to be a judicial proceeding that ends either in conviction or acquittal of the accused.
3. Inquiry is conducted by Magistrate or Court with a view to find out the prima-facie case, while, the trial is conducted by Magistrate or Court with a view to find out the merit of the case.
4. Inquiry is conducted before the framing of the charge. The trial is conducted after the framing of the charge. The trial includes all steps which a criminal court adopts subsequent to the framing of the charge and until the pronouncement of judgment.

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