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Difference Between Inquiry And Investigation Pdf

difference between inquiry and investigation pdf

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Differences between Inquiry and Investigation

The object of investigation- It includes all the proceedings under the Code for the collection of evidence. It was observed by the court that etymologically, the meaning of term investigation is that which includes any process involving sifting of materials or search of any relevant data for the purpose of ascertaining facts in issue in a matter in hand [1]. If investigating agencies conduct mala fide investigation, then it is open to correction by invoking the jurisdiction of the High Court under Art of the Constitution. CASES INVOLVED- The investigating agency and the investigating officer have a high degree of responsibility and ethical rectitude to ensure that the investigations are carried out without any bias and are conducted in all fairness not only to the accused person but also to the victim of any crime, whether the victim is an individual or the state [4]. It may be noted that a Magistrate is kept in the picture at all stages of the police investigation, but he is not authorized to interfere with the actual investigation or to direct the police on how the investigation is to be conducted [5]. The inquiry relates to the proceedings that are carried out by the Magistrate before a trial is done. The inquiry is never conducted by the police, though in common parlance we talk of police inquiries.

Distinction Between Investigation, Inquiry and Trial

Man acquires knowledge through observation, inquiry, and investigation into things that interest him. In every aspect of his life, he uses these tools to provide him with information about everything in his world, especially the processes of inquiry and investigation. Through inquiry and investigation he is able to learn about his past, his body, and about the things in his surroundings including all that has happened in the past and all that is still happening in his environment. They are very important especially in scientific studies to provide researchers information and knowledge about the subject of their research. In law, specifically criminal law as well as in police work, investigation is necessary to allow the uncovering of facts about a case. It involves questioning and interrogation. It is aimed not only at searching for and acquiring knowledge and information about something, but it is also meant to settle any doubt that individuals may have on the subject.

Post a comment. Latest Articles. Friday, 9 December C Criminal Procedure Code. An investigation by the police commences with the first step taken by the police-officer in the matter of the offence and the culprit thereof. It does not always mean a judicial inquiry.

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difference between inquiry and investigation pdf

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Difference Between Investigation and Inquiry Under CrPC

From Section to Section , the details of Inspection, Inquiry and Investigations are explained. The Shareholders of a Company have several rights, including those of the right to vote and elect their directors, right to convene board meetings, right to receive dividends and so on. Although, sometimes these shareholders are ill-equipped to exercise all their powers, and this is abused by those who control the majority of the affairs of the company. Thus, with the introduction of the Companies Act, , the Central Government through this Chapter of the Act, vested the shareholders with the powers to inspect, inquire and investigate the affairs of the company in appropriate situations where it could be believed that the business of the company was being done in a fraudulent or unfair manner.

Inquiry and Investigation- The Code of Criminal Procedure CrPC renders a separate and specific definition for both the terms, however owing to their dictionary meaning the two words are often confused and used interchangeably. Legal News Legal Views. Procedure for Court Marriage in India. Dishonour of Cheque — Section of the Negotiable instruments Act. According to Section 2 h of the CrPC investigation includes all proceedings under the CrPC for collection of evidence conducted by a Police Officer or any person other than a Magistrate authorized by a Magistrate in this behalf.

Difference between inquiry and trial in Criminal Procedure Code

General Provisions as to Investigation, Inquiry and Trial

Post a comment. The investigation is related to proceeding for steps taken by the police or person other than a magistrate. In case of inquiry, it relates to the proceeding of magistrate prior to trial. An investigation starts when a police officer forms a definite opinion that there are grounds for investigating the crime. An inquiry May start with shadowy beginnings. The main object of Investigation is to collect evidence. An inquiry aims at determining the truth or falsity of certain facts.

So, every inquiry made by the court under the Cr. Inquiry must always be a forerunner to the trial. State of Maharashtra , 2 SCC , the Supreme Court held that the trial in a warrant case starts with the framing of charge; prior to it, the proceedings are only an inquiry.

This article is written by Vanya Verma from Alliance University. This is an exhaustive article which deals with Investigation, Inquiry and Trial, Mode of taking and Recording Evidence, Acquittal of the person again for the same offence, Appearance by public prosecutors and Permission to conduct a prosecution. This article covers Investigation, Inquiry and trial along with the mode of taking and recording evidence, its provisions and cases along with acquittal of the person again for the same offence, appearance by public prosecutors, permission to conduct a prosecution along with their provisions to give a detailed view to the reader. An investigation is the first step taken by the police officer.

An investigation is made by a police officer or by some person authorised by a magistrate. The object of an investigation is to collect evidence for the prosecution of the case. An investigation is the first stage of a criminal case.

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Criminal Law: Difference between Inquiry and Investigation

2 Comments

  1. Katrina K.

    23.04.2021 at 07:39
    Reply

    refers to proceedings conducted by a Court or a Magistrate. An.

  2. Jessica M.

    26.04.2021 at 09:50
    Reply

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