Inquiry is a distinct and important concept within the criminal justice system, forming a stage between investigation and trial. It is meant to determine whether a case should proceed to trial. In India, the concept of inquiry is governed by the Criminal Procedure Code, 1973 (CrPC).
What is Inquiry in Criminal Procedure?
- Inquiry refers to every inquiry conducted by a Magistrate or Court that is not a trial.
- It is preliminary in nature and is meant to decide whether a prima facie case exists for trial.
- The legal definition is provided under Section 2(g) of the CrPC.
Legal Framework for Inquiry
- Governed by the Criminal Procedure Code, 1973, especially Chapters XIV to XVI.
- Defined under Section 2(g), CrPC as every inquiry, other than a trial, conducted by a magistrate or court.
- Inquiries are judicial in nature, unlike investigations which are carried out by police authorities.
Purpose of Inquiry
- To determine whether there are sufficient grounds to proceed with the trial.
- To protect individuals from being subjected to a full criminal trial without adequate basis.
- To filter out frivolous or baseless accusations before entering the trial stage.
Types of Inquiry in CrPC
1. Preliminary Inquiry
- Conducted to assess if an FIR should be registered or not (in specific cases as guided by Lalita Kumari v. Govt. of U.P.).
2. Judicial Inquiry
- Conducted by a Magistrate under Sections 200–203 CrPC after taking cognizance of a complaint.
- Helps in deciding whether process should be issued against the accused.
3. Inquiry into Cause of Death (Section 174 & 176 CrPC)
- Conducted by police or magistrate in cases of suspicious, unnatural, or custodial deaths.
4. Inquiry before Framing of Charges
- Carried out to examine whether the charges are sustainable or should be discharged under Sections 227 or 239 CrPC.
Difference Between Inquiry, Investigation, and Trial
| Aspect | Investigation | Inquiry | Trial |
|---|---|---|---|
| Conducted by | Police authorities | Magistrate or Court | Court of competent jurisdiction |
| Purpose | Collect evidence and identify offender | Determine if a case should go to trial | Decide guilt or innocence |
| Legal Provision | Section 2(h), CrPC | Section 2(g), CrPC | Not separately defined in CrPC |
| Nature | Fact-finding | Judicial and preliminary | Judicial and conclusive |
Relevant Case Laws on Inquiry
Lalita Kumari v. Govt. of U.P. (2013)
- Laid down that preliminary inquiry is mandatory in certain cases before registration of FIR (e.g., matrimonial, commercial disputes).
Nagawwa v. Veeranna Shivalingappa Konjalgi (1976)
- Clarified that at the inquiry stage, detailed examination of evidence is not required—only prima facie satisfaction.
Mohinder Singh v. State (1977)
- Stated that inquiry does not result in conviction but may lead to the issuance of process or framing of charges.
Importance of Inquiry in Criminal Justice
- Acts as a safeguard against wrongful prosecution.
- Ensures that courts don’t waste resources on baseless allegations.
- Helps in maintaining judicial efficiency by filtering out non-meritorious cases early.