Define and distinguish between Inquiry and Investigation

Question: Define and distinguish between Inquiry and Investigation [U.P.C.J. 1991]

Find the answer to the mains question only on Legal Bites. [Define and distinguish between Inquiry and Investigation.]

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 the second stage of a criminal case after the investigation and it is conducted before the trial. According to CrPC, the inquiry shall be conducted by the magistrate or the court.

Investigation refers to the various legal actions, taken by the Police Officer, or by any other person excluding the Magistrate, so authorized by the Magistrate in this regard, for obtaining evidence.

Key differences-

1. In the Code of Criminal Procedure, 1973, the definition of Investigation can be found in Section 2 (h), whereas Inquiry can be found in Section 2 (g).
2. The investigation is performed by a Police Officer or any other person authorized by the Magistrate on this behalf, such as any governmental agency, for example, the Central Bureau of Investigation. Conversely, Inquiry is performed by the Magistrate or Court.
3. Inquiry is conducted by Magistrate or Court with a view to find out prima facie case, while, Object of investigation is the collection of evidence.
4. An investigation is an administrative process, whereas an inquiry is a judicial process, in that during the course of the proceeding evidence is taken on oath.
5. Basically, Investigation and Inquiry are two separate stages of a criminal case, where the investigation is regarded as the first stage in which the police officer on his own or after receiving the orders of the magistrate investigates the case. And when there is sufficient evidence to validate the commission of the offence, the police officer submits the report to the Magistrate. Thereafter, the second stage, which may be inquiry or trial.

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