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What is Investigation, Inquiry, And Trial Under CrPC – CPC 1973 – Judiciary Exam – Free PDF

Investigation

  • Suppose an offence has been committed and FIR lodged.
  • Then police starts investigation, when it is a case of FIR.
  • Now investigation process includes so many things like: police will go to spot, arrest the Accused, search and seizure, statements, record confessions, record Dying Declaration etc.
  • Investigation starts from FIR till filing of Police Report.
  • If the police thinks that, he has done sufficient investigation the he will file a police report.

Police report: Inquiry

  • After police Report, magistrate take cognizance that whether proceeding are going further or not.
  • There judicial magistrate comes into the picture and applies his judicial mind.
  • Now he will issue the process i.e either summon to the Accused or warrant of arrest.
  • Now accused will appear before judicial magistrate then at this time document of copies of document will given to accused.

Trial

  • Trail starts from where charges are framed.
  • Now, when charges are framed by Judicial Magistrate, then at this time charge framing is a part of trial.
  • When charges are framed, immediately the charges will be told to accused i.e to ask for plea of guilt.
  • Then after plea of guilt prosecution evidence will be recorded and after that the defence evidences
  • Then Argument and finally judgement and sentence to the accused.
  • Now, if no charges are framed against the accused he will be Discharge.
  • Here, you can say that trail never started, as he is discharged because no charges are framed against him.
  • This above process is in the case of FIR.
  • There may be another cases also i.e Complaint cases

Stage of inquiry will be: Complaint filed

  • Cognizance of the offence (if the magistrate takes)
  • Now the complaint proceedings
  • Issue of process, if he finds the complaint is false- then he will dismiss the case
  • Then, accused will appear and he will be given documents.
  • Stage of trial in case of complaint case:

Charge framing :Trial

  • Judgement and then sentence to the Accused.
  • In case of information cases:
  • There may be cases upon information also i.e magistrate somehow come to know about the offence, either suo motu or information from other sources.
  • Then he can take cognizance directly under Section 190 (1)(c).
  • And directly go for issue of process.

Charge framing : Trial starts.

  • Investigation Section 2(h)
  • ” 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.
  • Inquiry Section 2(g)
  • ” inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
  • Section 2 (g), does not define inquiry as such rather it only declares that inquiry can be conducted by a magistrate or court.
  • It primarily declares that inquiry and trial are mutually exclusive
  • That is, inquiry and trial cannot co exist simultaneously rather whenever trial begins, inquiry will end.
  • And thus they are mutually exclusive.
  • Inquiry in general sense, means any proceeding which is to be conducted by magistrate.

Interesting Questions

  1. Whether charge framing is part if inquiry  or trial?
  2. Can investigation stage and inquiry stage overlaps?
  3. Can there be overlapping between investigation and trial stage?
  4. Can there be a case where only inquiry was done and no investigation or trial was done?

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