Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                
Scribd
Upload
1K views2 pages

Differentiate Inquiry, Investigation and Trial

Uploaded by

Zeeshan Ahmed

An inquiry is defined under Section 4(1)(k) of the CrPC and can be conducted by a magistrate or court to ascertain the truth or falsity of facts of a case. An investigation is defined under Section 4(1)(l) and commences upon the filing of an FIR or complaint to a magistrate, conducted by police or those authorized to collect evidence on the guilt of the accused. A trial is a formal examination of evidence in court to determine the guilt of an accused, governed by procedures in the CrPC, and results in conviction or acquittal, barring subsequent proceedings on the same charges. The key differences are in their definitions, authorities conducting them, purposes, and allowances for repeat or further

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt

Differentiate Inquiry, Investigation and Trial

Uploaded by

Zeeshan Ahmed
1K views2 pages
An inquiry is defined under Section 4(1)(k) of the CrPC and can be conducted by a magistrate or court to ascertain the truth or falsity of facts of a case. An investigation is defined under Section 4(1)(l) and commences upon the filing of an FIR or complaint to a magistrate, conducted by police or those authorized to collect evidence on the guilt of the accused. A trial is a formal examination of evidence in court to determine the guilt of an accused, governed by procedures in the CrPC, and results in conviction or acquittal, barring subsequent proceedings on the same charges. The key differences are in their definitions, authorities conducting them, purposes, and allowances for repeat or further

Original Description:

Differentiate Inquiry, Investigation and Trial

Copyright

© © All Rights Reserved

Available Formats

DOCX, PDF, TXT or read online from Scribd

Did you find this document useful?

Is this content inappropriate?

An inquiry is defined under Section 4(1)(k) of the CrPC and can be conducted by a magistrate or court to ascertain the truth or falsity of facts of a case. An investigation is defined under Section 4(1)(l) and commences upon the filing of an FIR or complaint to a magistrate, conducted by police or those authorized to collect evidence on the guilt of the accused. A trial is a formal examination of evidence in court to determine the guilt of an accused, governed by procedures in the CrPC, and results in conviction or acquittal, barring subsequent proceedings on the same charges. The key differences are in their definitions, authorities conducting them, purposes, and allowances for repeat or further

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
1K views2 pages

Differentiate Inquiry, Investigation and Trial

Uploaded by

Zeeshan Ahmed
An inquiry is defined under Section 4(1)(k) of the CrPC and can be conducted by a magistrate or court to ascertain the truth or falsity of facts of a case. An investigation is defined under Section 4(1)(l) and commences upon the filing of an FIR or complaint to a magistrate, conducted by police or those authorized to collect evidence on the guilt of the accused. A trial is a formal examination of evidence in court to determine the guilt of an accused, governed by procedures in the CrPC, and results in conviction or acquittal, barring subsequent proceedings on the same charges. The key differences are in their definitions, authorities conducting them, purposes, and allowances for repeat or further

Copyright:

© All Rights Reserved
Download as DOCX, PDF, TXT or read online from Scribd
Download as docx, pdf, or txt
You are on page 1/ 2

INQUIRY INVESTIGATION TRIAL

Define and differentiate inquiry, investigation, and trial.


INTRODUCTION
I-

INQUIRY
DEFINITION OF INQUIRY ACCORDING TO SECTION 4(1)(K)

II-

AUTHORITY TO CONDUCT INQUIRY

III-

OBJECT OF INQUIRY

IV-

NOT AN EXHAUSTIVE DEFINITION

I-

INVESTIGATION
DEFINITION U/SEC 4(1)(L)

II-

NATURE OF INVESTIGATION

III-

OBJECT OF INVESTIGATION

IV-

AUTHORITY TO INVESTIGATE

V-

I-

COMMENCEMENT OF INVESTIGATION
The investigation commences in the following two ways
When FIR is lodged
When complaint is made to the magistrate then any person authorized by the magistrate can conduct the investigation.
TRIAL
DEFINITION

II-

A formal examination of evidence in a court of law in order to decide if a person is guilty of a crime.
PRESUMPTION REGARDING TRIAL

III-

COMMENCEMENT OF TRIAL

IV-

PROCEDURE FOR TRIAL


Procedure for trials has been provided by the different provisions of CrPC as under;
Trials by magistrate section 241-250
Summary Trial section 260-265
Trial by High Court and Court of Session 265-A to 265-N
END OF TRIAL

i)
ii)

i)
ii)
iii)
VI-

DIFFERENCE BETWEEN INQUIRY, INVESTIGATION AND TRIAL


AS TO COMMENCEMENT
Inquiry
It commences when complaint is field to the magistrate.
Investigation
It commences when FIR is lodges or complaint is made to the magistrate.
Trial
It starts either by framing of charge or arrangement of the

II-

PRESUMPTION AS TO COMMISSION OF OFFENCE


Inquiry
There is no presumption as to commission of an offence.
Investigation
There is no presumption as to commission of an offence.
Trial
Trial pre-supposes the commission of an offence.

III-

AS TO DEFINITION
Inquiry
The term inquiry is defined by CrPC.
Investigation
Investigation has been defined by CrPC.
Trial
The expression trial has not been defined by CrPC.

IV-

END OF PROCEEDINGS
Inquiry
If evidence is not found then it can be discharged.
Investigation
If evidence is not found then it can be discharged.
Trial
it either ends in conviction or in acquittal.

V-

CONDUCTING AUTHORITY
Inquiry
It can be conducted by a magistrate or the court
Investigation
it can be conducted by a police officer or any person authorized by a magistrate.
Trial
it can be conducted by a magistrate or judge.

accused.

VI-

VII-

PURPOSE
Inquiry
Investigation
Trial

its purpose is to ascertain the truth or falsity of facts of the case.


its purpose is the collection of evidence regarding the guilt of the accused.
its purpose is to determine the guilt of the accused.

BAR TO SUBSEQUENT PROCEEDINGS


Inquiry
this can be conducted again.
Investigation
this can be conducted again.
Trial
trial barred the subsequent proceedings i.e. principal of double jeopardy.
CONCLUSION

You might also like