Difference between Investigation and Inquiry
| BASIS | INVESTIGATION | INQUIRY |
| Statute | Section 2(h) of the CrPC defines investigation. | Section 2(g) of the CrPC defines investigation. |
| Definition | The investigation is the executive technique for systematically gathering facts and evidence and systematically establishing the facts and circumstances of a case. | Inquiry is a legal procedure undertaken to dispel uncertainty, ascertain the truth, or advance knowledge in a particular case. |
| Power Under Which It Is Executed | Executive Authorities look after the investigation. | Judicial authorities look after the inquiry. |
| Executed In Stage | First stage of the reported offence. | Second stage, i.e., right after the investigation. |
| Conducted By | An investigation is carried out by an officer of the law or any other individual authorized by the magistrate. | An inquiry is carried out by a Court or Magistrate. |
| Objective | Amassment of facts and evidence. | Establishment of the truth or falsity of the charges. |
| Commencement | An investigation commences when a police report or complaint has been filed. | An inquiry commences when the charging document is filed. |
| Ends After | Submission of a Police Report. | Framing of Charges. |
| Nature Of Process | Administrative Process. | Judicial or Non-Judicial Process. |
Investigation Case Laws
- In Kavita and another petitioners v. the State of Punjab (2009), the petitioners, Kavita and Vikas Kumar Gupta, both sought the Court via petition under Section 482 CrPC, requesting that the investigation into the FIR be transferred to an independent agency such as the CBI or other police authorities since the investigation conducted was tainted.
- In Gurmeet Ram Rahim vs. Central Bureau Of Investigation (2018), the CBI judge observed that because of the “tainted” investigation by the Haryana Police that recorded the FIR at the initial stage, there were bound to be slight discrepancies in the evidence. Furthermore, the judge believed that the local police had not conducted the investigation of the case properly.
Inquiry Case Laws
- In Mr. Amit Khera vs. Govt. Of Nct Of Delhi & Ors. (2010), the cops did not file an FIR. Following that, the petitioner sought the learned metropolitan magistrate. The learned MM stated in his order that no technical or scientific inquiry was necessary, so he declined to issue instructions for filing an FIR according to Section 156(3) CrPC and rejected the petitioner's motion. He continued by remarking that since the applicant had not filed a complaint under Section 200 CrPC but simply requested instructions for filing an FIR, no further action on his application was required. He granted the petitioner the right to complain under Section 200 of the CrPC.
- In Puja Kumari and others vs Kamal Nain Kaur (2019), the Hon'ble Court observed that the chief judicial magistrate did not commit any illegality or irregularity while proceedings in the matter.
Conclusion
The investigation of a criminal offense offers a foundation for the case. It is the first stage of the criminal process. In contrast, Inquiry is the following step of a criminal procedure in which any concerns, queries, or uncertainty regarding a specific issue or accusation are cross-examined by the Magistrate in order to determine the validity of the case.
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