Detailed comparison between Inquiry and Investigation, under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

Detailed comparison between Inquiry and Investigation, under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)-

Tanmoy Mukherji

Advocate

Meaning-

Inquiry: A judicial proceeding other than a trial, conducted by a Magistrate or Court to examine the matter and decide whether there is sufficient basis to proceed.

Investigation: Process of collecting evidence relating to an alleged offence, primarily conducted by a police officer or other person authorised by law, with a view to discover facts, identify the offender and collect evidence.

Authorities Involved-

Inquiry: Magistrate / Court

Investigation: Police Officer / Authorised Investigating Agency

Nature and Purpose-

Inquiry:

→Judicial in nature

→To examine the matter judicially

→To determine whether there is sufficient basis to proceed

→Not a trial

Investigation:

→Primarily executive / investigative

→To discover facts and collect evidence

→To identify the offender

→To prepare police report (charge-sheet / final report)

→Not a trial

Detailed Comparison-

Basis	Inquiry	Investigation
Authority	Magistrate or Court.	Police officer or other person authorised by law.
Nature	Judicial	Primarily executive
Main purpose	To examine whether there is sufficient basis to proceed.	To discover facts, identify offender and collect evidence.
Typical activities	Examination of materials / witnesses, considering further proceedings.	Visit scene, question persons, search & seizure, arrest (where lawful), collect documents and forensic evidence.
Stage	After the matter reaches court (before trial, where applicable).	After information regarding an offence / FIR or other lawful initiation.
Result	Judicial order	Police report / charge-sheet / final report
Control	Court / Magistrate	Investigating agency (subject to statutory and judicial supervision)
Is it a trial?	No	No

Flow of a Criminal Case-

Stages of Investigation-

As explained in H.N. Rishbud v. State of Delhi, 1955-

Important Case Laws-

Illustration-

Example: Murder Case-

Police visit the scene, recover weapon, examine neighbours, collect CCTV footage, send samples for forensic examination, arrest suspect and submit police report. These are part of INVESTIGATION.

When the matter comes before the Magistrate, the court examines the material and passes appropriate orders. This is INQUIRY.

Significance -

→Investigation = collection of evidence by police/authorised investigator.

→Inquiry = judicial examination (other than trial) by Magistrate/Court.

→Both are distinct and serve different functions.

→Neither inquiry nor investigation is a trial.

→Investigation does not determine guilt; that is decided at trial.

→Illegality in investigation does not automatically vitiate a trial, prejudice must be shown.