Detailed comparison between Inquiry, Investigation and Trial, under Bharatiya Nagarik Suraksha Sanhita, 2023
Dr. Tanmoy Mukherji
Advocate
Detailed comparison between Inquiry, Investigation and Trial, under Bharatiya Nagarik Suraksha Sanhita, 2023-
Tanmoy Mukherji
Advocate
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Basis
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Investigation
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Inquiry
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Trial
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Meaning
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Process of collecting evidence regarding an alleged offence.
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Judicial proceeding conducted by a Magistrate/Court other than a trial.
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Judicial adjudication of the accusation against the accused.
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Authority
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Police officer or other person authorised by law.
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Magistrate or Court.
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Competent criminal Court.
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Nature
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Primarily executive / investigative.
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Judicial
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Judicial and adjudicatory.
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Main object
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Discover facts, identify offender and collect evidence.
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To examine the matter for the purpose prescribed by law.
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To determine guilt or innocence.
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Stage
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Generally, the earliest of the three.
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After the matter enters judicial proceedings, wherever provided.
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After the case proceeds for trial.
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Evidence
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Evidence/material is collected. |
Material/evidence is judicially considered according to the inquiry.
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Evidence is formally proved, tested and appreciated.
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Witnesses
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Police may examine persons acquainted with facts.
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Court may examine persons (where applicable).
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Witnesses give evidence and may be cross-examined.
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Search & seizure
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Important investigative functions subject to law.
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Not its defining purpose.
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Court considers admissible evidence resulting from such processes.
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Arrest
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Police may arrest where statutory requirements are satisfied.
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Court exercises relevant judicial powers.
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Accused faces adjudication before court.
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Cross-examination
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No trial-style cross-examination.
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Depends on the nature of the inquiry.
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Yes, according to law.
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Standard
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Investigating officer assesses collected material.
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Statutory standard applicable to the particular inquiry.
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Proof beyond reasonable doubt for conviction.
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Determines guilt?
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No
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No
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Yes |
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Typical result
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Police report / charge-sheet / final report.
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Judicial order
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Acquittal or conviction.
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Nature at a Glance-
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Investigation
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Inquiry
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Trial
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→Fact finding →Evidence collection →Executive function
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→Judicial examination →Not a trial →Purpose as per law
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→Adjudication →Determination of guilt or innocence →Judicial trial
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Flow of Criminal Proceedings-
Illustration-
Allegation- A is alleged to have murdered B.
Investigation- Police visit the scene, recover weapon, examine witnesses, collect CCTV, obtain forensic reports and submit report.
Inquiry- Magistrate/Court judicially examines the matter for the statutory purpose. It is not the trial.
Trial- Prosecution evidence is led, witnesses are cross-examined, defence is heard and court decides whether A is guilty beyond reasonable doubt.
Important Judicial References-
Key Distinction-
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Investigation
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Inquiry
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Trial
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Collection of evidence. |
Judicial examination other than trial. |
Judicial determination of guilt or innocence. |
Significance-
“Police investigate → Court inquires where required → Court tries → Court decides guilt or innocence.”
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