Investigation and inquiry

Comparison Chart

BASIS FOR
INVESTIGATION INQUIRY
COMPARISON

Meaning The investigation is the Inquiry is a legal

executive procedure of
systematically collecting the
facts and evidence, and
determining the
circumstances of the case.
process, which is
initiated with an aim of
clearance of doubt,
finding out the truth or
furtherance of
knowledge regarding the
case.

Defined in Section 2 (h) of CrPC Section 2 (g) of CrPC

Conducted by Police Officer or any other Magistrate or Court

person authorized by
Magistrate.

Stage First Stage Second Stage

Objective Collection of facts and Determination of truth

evidence and falsehood of the
allegations

Commencement When an FIR or complaint When charge-sheet is

has been lodged. filed.

Ends in Filing of Police Report Framing of Charges

Nature of Administrative Process Judicial or Non-Judicial

Process Process
Definition of Investigation
Investigation refers to the various legal actions, taken by the Police Officer, or by any other person
excluding the Magistrate, so authorized by the Magistrate in this regard, for obtaining evidence, such
as Central Bureau of Investigation (CBI).

Note: The agency or person ordered by the Magistrate to undertake an investigation of the case,
possesses all the powers, that a Police Officer possesses, other than the power to arrest a
person without a warrant.

Investigation begins when the officer in charge of the concerned police station, gets information with
respect to the commission of the offence. For this purpose, the officer is empowered to demand the
presence of all the individuals, who appear to be aware of or having knowledge of the circumstances
of the case. The investigation is made by the police to:

 Collect evidence
 Interrogate the accused and record his/her statement
 Record the statement of witnesses
 Scientific analysis

Process of Investigation
The investigation process involves the following steps:

1. Filing the case, as reported by the complainant.

2. Proceed to the site, where offence took place.
3. Detection of facts and circumstances of the case.
4. Finding out and arresting the suspect.
5. Obtaining evidence in connection with the crime which incorporates:
1. Examination of the accused and other individuals and recording their statements in
writing (only when the investigating officer thinks fit)
2. Search and seizure of place and things deemed relevant for the purpose of
investigation and producing the same before Magistrate during the trial.
6. Formation of opinion regarding the evidence collected is sufficient to present the accused
before the Magistrate and if that is the case, necessary steps are to be taken to file the
charge-sheet.

Documentation for Police Investigation

Following documents are to be included for Police Investigation

 First Information Report (FIR)

 Crime details form
 Arrest/court surrender memo
 Property seizure memo
 Final report form

 Definition of Inquiry
Almost all the investigation is followed by inquiry, which is nothing but a critical examination by the
judicial officer, i.e. Magistrate. It tends to evaluate and filter out those cases, which have sufficient
grounds that confirm the commission of the crime, so as to forward them to the next level, which
is Trial.

Note: Inquiry and trial are not one and the same, because trial begins after the completion of inquiry.

In simple words, Inquiry can be defined as probing and analysis of the case, carried out by the
Magistrate of the Court or the Court, so as to determine the truth or otherwise of the case, so as to
take legal actions. Evidence received by the magistrate during the inquiry should be recorded. It
encompasses:

 Cross-examination of the witnesses,

 Clearance of Doubt, and
 Inspection of the site, where the offence took place.

As per Section 159 of the CrPC, the Magistrate has the power to hold a preliminary inquiry on the
receipt of the police report, for the purpose of ascertaining the authenticity of the allegations. And if it
is found that the offence has been committed, whether the accused should be put up on trial.

Key Differences Between Investigation and Inquiry

difference between investigation and inquiry:Now, after taking a peep into the meaning of these two
terms, let us move forward to understand the

1. Investigation refers to the executive proceeding that involves systematic collection of the
facts and evidence, and ascertainment of the circumstances of the case. On the contrary,
Inquiry is a judicial proceeding, which is initiated with an aim of clearance of doubt, finding
out the truth, or furtherance of knowledge regarding the case.
2. In Code of Criminal Procedure, 1973, the definition of Investigation can be found in Section 2
(h), whereas Inquiry can be found in Section 2 (g).
3. The investigation is performed by a Police Officer or any other person authorized by the
Magistrate on this behalf, such as any governmental agency, for example, the Central
Bureau of Investigation. Conversely, Inquiry is performed by the Magistrate or Court.
4. Basically, Investigation and Inquiry are two separate stages of a criminal case, wherein
investigation is regarded as the first stage in which the police officer on his own or after
receiving the orders of the magistrate investigates the case. And when there is sufficient
 evidence to validate the commission of the offence, the police officer submits the report to
the Magistrate. Thereafter, the second stage, which may be inquiry or trial.
5. The primary objective of the investigation is to identify whether the alleged crime has been
committed or not and if that is the case, then who committed the same and collect relevant
evidence for the same. Oppositely, the prime objective of inquiry is to find out the
truthfulness or falsehood of the allegations.
6. Police start an investigation, as and when an FIR or complaint has been lodged, regarding
the offence, whereas Inquiry is started by the Magistrate when the charge-sheet is filed by
the police.
7. The investigation comes to end when Police Report is filed. On the other hand, Inquiry takes
place prior to the framing of charge, i.e. the point when charges are framed, the inquiry
comes to end.
8. An investigation is an administrative process, whereas an inquiry is a judicial process, in that
during the course of proceeding evidence is taken on oath.

 What is Police Report?

Police Report is the report submitted to the Court by the Police Officer, once the investigation is
over.

When the Police are of the opinion that there are no sufficient evidence, which supports the
commission of offence by the accused, to present him before the Magistrate for the purpose of Trial,
in that case, Police Report can be in the form of Refer Report, Refer-Charge or Final form.

In contrast, when the Police reached the conclusion that there is sufficient evidence that validates
the commission of the crime by the accused, to present the accused before the Magistrate, for the
purpose of the trial, then the Police Report can be in the form of a Charge-sheet, Police-Challan or
Final Report.

On the completion of the investigation, Police Report is submitted to the magistrate, which includes
the following details:
  Name of the parties concerned
 Nature of the information
 Names of all the persons having knowledge of the circumstances of the case.
 Determination of commitment of the offence, if yes, then by whom (i.e. name of the
suspected offender).
 Whether or not the accused has been arrested.
 In case the accused is released on bond, if that is the case, it is with or without sureties.
 Whether the person charged with crime has been transferred to custody under Section 170
of CrPC.

 What is a Trial?

The trial is a judicial proceeding in which truth and falsehood is tested. In the proceedings, the
evidence obtained by the Police or any other agency at the time of investigation is produced to the
court and the conclusion made by the Investigating officer has to prove or disprove.

It is a stage, that begins after the framing of the charges against the accused, and ends with
conviction or acquittal. Further, based on the gravity of the offence and punishment prescribed, trials
are classified as:

 Magisterial Trial
 Session Trial