S.2(g) CrPC
- Inquiry, according to Sec. 2(g) Cr.P.C. means every inquiry, other than a trial, conducted under the Code, by a Magistrate or a Court.
- It follows that Inquiry, as contemplated in the Cr.P.C can be held either by a Magistrate or by a Court.
- What is done by a Police Officer under the Cr.P.C. can never be described as Inquiry.
- Inquiry is distinct and different from trial. In practice, trial begins when the Inquiry ends.
- The object of inquiry is determination of truth or falsehood of certain allegations with a view to taking further action according to law.
- Inquiry may involve examination of witnesses and inspection of the locale.
Types of Inquiry:
- Judicial Inquiry
- Non-Judicial/Administrative Inquiry
- Preliminary Inquiry
- Local Inquiry
- Inquiry into an offence
- Inquiry relating to a matter other than the offence
| S.No. | Subject | Investigation | Inquiry |
| 1. | By Whom | By a Police Officer or a person other than a Magistrate who is authorised by a Magistrate | By a Court or Magistrate |
| 2. | Object | Collection of Evidence | Ascertainment of Truth |
| 3. | Nature | Always non-judicial, pertaining to an offence | It may relate to an offence or a matter other than the offence |
| 4. | Initiation | It commences when there are grounds for investigation, based on information or otherwise. | It may start on vague rumours with shadowy beginning vide AIR 1968, Madras 117. |
| 5. | Sequence | In cognizable offence, police investigation is a normal preliminary to the accused being put up for trial. | In a warrant case instituted other than on Police report, the proceeding upto the framing of the charge is inquiry. Here, Trial follows inquiry. |
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