Wednesday, July 17, 2019
Differences Between Inquiry and Investigation Essay
harmonize to sec-4(k) of CrPC,1898-Inquiry includes every question otherwise than a trial conducted low this cipher by a Magistrate or Court. contribution 159 of the law em agents a Magistrate on receipt of a police report beneath Section 157, Cr.P.C. to hold a preliminary interrogative sentence in club to ascertain whether an discourtesy has been haveted and, if so, whether whatever persons should be be sick upon their trial. In cases triable by the court of sessions and proceeding espouse place before a Magistrate, which are in the spirit of an head preparatory to sending the accused to take his trial before the Court of academic session the Magistrate in such cases is bound any to discharge the accused or commit him for trial, but he has no power to declare an accused either delinquent or innocent of the law-breaking with which he is charged. An inquiry is too done by a Magistrate in cases triable by himself under S. 202 of the Code.On a complaint universe filed before a Magistrate, he examines the complainant and the witnesses on oath in order to find out whether there is any matter which c exclusivelys for investigation by a criminal court. The Magistrate may non perform on the complaint and dismiss it if he distrusts the statements of the complainant and the witnesses and the result of the inquiry does not establish sufficient ground for proceeding. completely these proceedings are in the nature of inquiry. investigationAccording to sec-4(i) of CrPC,1898- investigating includes all the proceedings under this Code for the charm of evidence conducted by a police-officer or by any person other than a Magistrate who is authorised by Magistrate in this behalf Investigation consists of steps taken by a police officer other than a Magistrate to ascertain whether any offence has been committed at all and, if so, by whom and what is the evidence on which the prosecution earth-closet be based. Investigation can also be made by a pers on specially authorized by a Magistrate to do so. The case is lonesome(prenominal) started if investigation by the police reveals that an offence has been committed by the accused, otherwise not.Differences between inquiry and investigation Provsion Inquiry Investigation According to sec-4(k) of CrPC,1898-Inquiry According to sec-4(i) of CrPC,1898- includes every inquiry other than a trial Investigation includes all the proceedings conducted under this Code by a Magistrate or Court. under this Code for the Collection of evidence conducted by a police officer or any person authorized by a magistrate.
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