Differences between Inquiry and Trial

Question

Distinguish between Inquiry and Trial. [HJS 1988, Punj JS 2003]
Explain the meaning and purpose of ‘Investigation’ with reference to relevant provisions of the Code of Criminal Procedure. Distinguish between ‘Investigation’, ‘Inquiry and Trial’, giving two illustrations of each of these three proceedings. [Punj JS 2006]
Distinguish between any three of the following:

(a) Trial, Enquiry and Investigation.

(b) Complaint and Police Report.

(c) Cognizable and Non-cognizable offence.

(d) Summons Case and Warrant Case [DJS 1973]

Law Faculty · Answer

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

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