The term “Inquiry” means every enquiry 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. [i]
The inquiry is conducted by the judiciary with the main objective to determine whether the further proceedings of the case moves 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.
In Alim & Ors v. Taufiq And Anr..[ii] the court held that inquiry is the second stage of criminal proceedings and it shall be conducted by a Magistrate and not a Police officer. In criminal cases inquiry is different from a trial. The inquiry stops when the trial begins. And inquiry of an offence never ends in the conviction or acquittal of the accused.
Section 159
This section authorizes a Magistrate on receipt of police report upon the Section 157 of The Code of Criminal Procedure; to hold the inquiry to discover whether the offence has been committed or not and to decide about the further proceedings of the case. iii
What is “ Section 202” in CrPc:
An inquiry is mandatory before issuing the process to an accused person who resides outside the territorial jurisdiction of the magistrate. Under this section, a magistrate is provided with the power to mandatorily conduct inquiry or investigation, even if the accused is not in the territorial jurisdiction of the court.iv With the recent amendments in Section 202 CrPc 2006 it is stated that the responsibility of the Magistrate as the accused may be residing not beyond the area where is exercised his jurisdiction.
In the case Ghyanshyam KumarSukla v. State of U.P v it was held that the scope of inquiry is limited under the Section 202 CrPc. The inquiry is conducted to ascertain the truth of the offence or allegations made in the complaint, this is done to confirm whether there is a prima facie case to issue the process.
Scope Of Inquiry Under “ Section 202” :
To find out the truth of the allegations made in the complaint.
To determine whether the process should be issued under Section 204 Cr.P.C.
To see whether the complaint need to be dismissed under Section 203 Cr.P.C on the finding that there is no sufficient ground for proceedings
To find whether there are efficient shreds of evidence for the issues raised in the complaint under Section 202 Cr.P.C.
In the case, Jagdish Ram v. State Of Rajasthan vi it was held that, at the issue of process to the accused, it is not necessary to record detailed orders. But the magistrate is to be prima facie satisfied that to see there is sufficient ground for the further proceedings.
Punjab National Bank Others v. Surendra Prasad Sinha, vii in this case, it is held that the issuing of the process should not be mechanical nor should be made an instrument of harassment.
Types of Inquiry:
The following are the types of inquiry:
- Judicial Inquiry
- Non Judicial Inquiry
- Preliminary Inquiry
- Local Inquiry
- Inquiry into Offence
- Inquiry into matter other than Offence
Difference between Inquiry and Investigation
Inquiry
The judicial process which helps to determine the truth of the complaint and it determines whether the further proceedings are required or not.
It shall be conducted by a Magistrate or Court.
The main purpose of an inquiry is to determine the truth of the facts of the case.
An Inquiry is considered as a Judicial Proceedings.
Investigation
An investigation is conducted before the inquiry as a formal process to find the truth and the facts.
An investigation shall be conducted by a Police Officer or any other person other than a Magistrate or Court.
The main purpose of the investigation is to collect evidence regarding the facts of the offence.
An investigation is not considered as a judicial proceeding but it is considered as an executive proceeding.
Difference between Inquiry and Trial
Inquiry
An inquiry not only relates to the only offences.
Example – An inquiry that is made in the issue of the immovable property concerning possession, a public nuisance or for the maintenance of wives.
The inquiry never ends in conviction or acquittal of the accused but it may result in the discharge of case into sessions.
Inquiry ends where trial begins
An inquiry is the second process in a criminal case.
The inquiry includes every inquiry other than a trial conducted by the magistrate or the court.
Trial
A trial is always of an offence.
The trial ends with the acquittal or conviction of the accused.
Trial starts where inquiry ends.
A trail is the third process in the criminal case.
In the trial, it is the examination of the cause or facts of the offence by the judiciary which has jurisdiction over the case.
Frequently Asked Question
What is Inquiry?
The term inquiry is defined in Section2(g) Of CrPc 1973. An inquiry is a judicial proceeding which is conducted by the Magistrate or Court to determine whether the further proceedings of the case moves to trial.
What are the types of Inquiry Under CrPC?
- Judicial Inquiry
- Non Judicial Inquiry
- Preliminary Inquiry
- Local Inquiry
- Inquiry into Offence
- Inquiry into matter other than Offence
What is the purpose of the Inquiry?
The main purpose of Inquiry is to ascertain the truth of the facts of the complaint or the offence stated in the complaint.
What is the purpose of the Inquiry under Section 202 CrPC?
To determine whether there is a prima facie case and also to find out that there is sufficient ground for further proceedings against the accused.
“The views of the authors are personal“
Reference:
[i] Section 2(g) The Code of Criminal Procedure 1973.
ii)1982 CriLJ 1264.
iii)Section 159 The Code of Criminal Procedure 1973.
iv Section 202 The Code of Criminal Procedure 1973.
v ) 2006 CriLJ 1432.
vi 1989 CriLJ 745,1988(2) WLN 311.
vii )1992 AIR 1815,1992 SCR (2) 528.
