Arpit Shukla

Criminal Procedure Code

Difference Between Inquiry and Trial
Roll Number: 603009
3RD YEAR B.A.LL.B.

Trial Under Session Court:

• Under section 225 of Criminal Procedure Code, In every trial before a Court of Session,
the prosecution shall be conducted by a Public Prosecutor.
• Under Section 226, When the Accused appears or is brought before the Court in
pursuance of a commitment of the case under section 209, the prosecutor shall open his
case by describing the charge brought against the accused and stating by what evidence
he proposes to prove the guilt of the accused.
• Under Section 227, If, upon consideration of the record of the case and the documents
submitted therewith, and after hearing the submissions of the accused and the prosecution
in this behalf, the Judge considers that there is not sufficient ground for proceeding
against the accused, he shall discharge the accused and record his reasons for so doing.
• Under section 228, If, after such consideration and hearing as aforesaid, the Judge is of
opinion that there is ground for presuming that the accused has committed an offence
which is not exclusively triable by the Court of Session, he may, frame a charge against
the accused and, by order, transfer the case for trial to the Chief Judicial Magistrate or
any other Judicial Magistrate of the first class and direct the accused to appear before the
Chief Judicial Magistrate, or, as the case may be, the Judicial Magistrate of the first class,
on such date as he deems fit, and thereupon such Magistrate shall try the offence in
accordance with the procedure for the trial of warrant-cases instituted on a police report,
is exclusively triable by the Court, he shall frame in writing a charge against the accused.
• Where the Judge frames any charge under clause
(b) of Sub-Section (1), the charge shall be read and explained to the accused and the
accused shall be asked whether he pleads guilty of the offence charged or claims to be
tried.
• Under 229, If the accused pleads guilty, the Judge shall record the plea and may, in his
discretion, convict him thereon.
• Under Section 230,the date of prosecution, If the accused refuses to plead, or does not plead, or
claims to be tried or is not convicted under section 229, the Judge shall fix a date for the
examination of witnesses, and may, on the application of the prosecution, issue any process for
compelling the attendance of any witness or the production of any document or other thing.
• These are some provisions of Trial under sessions court

Arpit Shukla B.A LL.B. (Hons) III Roll Number: 10 PRN:- 2017033800065874,
Baroda School Of Legal Studies, The Maharaja Sayajirao University.
 Inquiry

Section 2 Of Cr.P.C:

• 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 local.

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

Arpit Shukla B.A LL.B. (Hons) III Roll Number: 10 PRN:- 2017033800065874,
Baroda School Of Legal Studies, The Maharaja Sayajirao University.
INQUIRY:

Subject Inquiry

1 By Whom By a Court or Magistrate

.

2 Object Ascertainment of Truth

.

3 Nature It may relate to an offence or

. a matter other than the
offence

4 Initiation It may start on vague rumours

. with shadowy beginning vide
AIR 1968, Madras 117.

Arpit Shukla B.A LL.B. (Hons) III Roll Number: 10 PRN:- 2017033800065874,
Baroda School Of Legal Studies, The Maharaja Sayajirao University.
 No. Inquiry Trial

1 An inquiry does not necessarily mean an Whereas A trial, on the other hand, is
inquiry into an offense for it may relate to always of an offense
matters which are not offenses.

2 An inquiry in respect of an offense never ends While a trial must invariably end in
in conviction or acquittal; at the most, it may acquittal or conviction of the accused.
result in discharge or commitment of the case
to sessions.

3 Inquiry precedes Trial A trial follows an inquiry

4 An inquiry is the second stage in a criminal A trial is the third stage in a criminal
case case.

5 The inquiry includes every inquiry other than a While a Trial is the examination and
trial conducted under the Code of Criminal determination of a cause by a judicial
Procedure by a Magistrate or a Court. tribunal which has jurisdiction over it.

Both Inquiry and Trial are Judicial functions.

Distinction/Difference between Inquiry and Trial are stated in the above table.

Arpit Shukla B.A LL.B. (Hons) III Roll Number: 10 PRN:- 2017033800065874,
Baroda School Of Legal Studies, The Maharaja Sayajirao University.
CONCLUSION:

What is Inquiry -

According to Section 20(g) of the Code of Criminal Procedure, "inquiry" means every
inquiry, other than a trial, conducted under this Code (Code of Criminal Procedure 1973)by a
Magistrate or Court.

What is Trial -

The term Trial has not been defined in the Code of Criminal Procedure. According to
Wharton's Law lexicon, trial means the hearing of a case, civil or criminal, before a Judge who
has jurisdiction over it. A Trial does not include judgment.

TRIAL

Inquiry is different from trial. Trial is not defined in the code. Trail was defined in the code of

1872, but it has not been defined in the subsequent code 1882, 1898 and 1973.

1. A trial is always for an offence.

2. A trial ends in acquittal or conviction of an accused.

Arpit Shukla B.A LL.B. (Hons) III Roll Number: 10 PRN:- 2017033800065874,
Baroda School Of Legal Studies, The Maharaja Sayajirao University.
3. Trial is the examination and determination of cause by a judicial tribunal.

4. Trial follows inquiry.

5. Trial is the third stage.

INQUIRY

1. An inquiry does not necessarily relate to only offences.

For Example-

Inquiry made in disputes relating to an immovable property with regard to possession, public

nuisance or for the maintenance of wives.

2. An inquiry into a offence never ends in a conviction or acquittal.

3. Inquiry includes every inquiry other than a trial conducted by magistrate or court.

4. Inquiry precedes trial.

5. Inquiry is the second stage in a criminal case.

Arpit Shukla B.A LL.B. (Hons) III Roll Number: 10 PRN:- 2017033800065874,
Baroda School Of Legal Studies, The Maharaja Sayajirao University.