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Code of Criminal Procedure

  • 28 Nov, 2023

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Difference Between Investigation , Inquiry and Trial

Investigation

Inquiry

Trial

Investigation is conducted by Police or by any other person authorized by law but not by Magistrate.

Inquiry is conducted by Magistrate or by any other person authorized by law.

Trial is conducted by Magistrate or by Judge.

It relates to an offence

It relates to an offence before framing of charge or any other non-offence matter like security proceedings under Section 107 CrPC, dispute of possession under sections 133, 145, 147 CrPC or commitment to Sessions Courts under Section 209 CrPC

It relates to an offence

It is not on oath.

 It is on oath

It is on oath

It results either in charge sheet or final report (section 173 CrPC). It is a non-judicial proceeding.

In Inquiry if the judicial process is completed it will not result in acquittal/conviction. It may result in discharge or commitment to trial.

A trial leads either to conviction or acquittal.

It generally starts either on FIR or on order of Magistrate

It generally starts either on FIR or on order of Magistrate

It starts either on complaint or on Police report or on Magistrate’s report

It includes discovery, arrest, seizure, search and medical examination, etc

It includes recording of evidence only

It adjudicates upon the evidence so recorded.  
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