Differences between Inquiry and Investigation

Question

1.      Distinguish between ‘Inquiry’ and ‘Investigation’. [Guj JS 2017] 2.      Inquiry and investigation [HJS 1988, 1999]

Law Faculty · Answer

Basis Inquiry Investigation Provision Section 2 (g) Section 2 (h) Definition According to section 2(g) “Inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court. “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 authorised by a Magistrate in this behalf; Conducted by Magistrate or Court. Police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf Object Inquiry is conducted by Magistrate or Court with a view to find out prima- facie case. Object of investigation is collection of evidence. Nature    of proceeding It is judicial proceeding. It is not judicial proceeding.

Basis	Inquiry	Investigation
Provision	Section 2 (g)	Section 2 (h)
Definition	According to section 2(g) “Inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.	“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 authorised by a Magistrate in this behalf;
Conducted by	Magistrate or Court.	Police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf
Object	Inquiry is conducted by Magistrate or Court with a view to find out prima- facie case.	Object of investigation is collection of evidence.
Nature of proceeding	It is judicial proceeding.	It is not judicial proceeding.