Difference Between Investigation and Inquiry

In the field of law, understanding the distinction between investigation and inquiry is crucial. While both terms involve a systematic examination of facts, they serve different purposes within the legal process. An investigation typically refers to a formal process conducted by law enforcement or regulatory agencies to gather evidence and information regarding a specific crime or violation of law. On the other hand, an inquiry is a broader term that encompasses a variety of proceedings conducted by courts, tribunals, or administrative bodies to examine issues, determine facts, and reach conclusions. Unlike investigations, inquiries may be more focused on resolving disputes, clarifying legal questions, or investigating matters of public interest.

What is Investigation?

Investigation, in law, refers to the process where authorities gather information and evidence to solve crimes or determine legal matters. It involves methods like interviews, surveillance, and forensic analysis. Investigations aim to uncover the truth and identify individuals involved in unlawful activities, aiding in the pursuit of justice.

Section 2(h) of the Code of Criminal Procedure (CrPC) defines the term ‘Investigation’ as all the proceedings conducted by the police officer to collect the evidence associated with the crime.

Key Features of Investigation includes:

• It involves collecting evidence, facts and information systematically.
• It aims to determine if a crime occurred and identify the parties involved.
• It is typically carried out by the police or other law enforcement agencies.
• It starts when a complaint about an alleged crime is filed.
• The main goal is to gather enough evidence to decide if charges should be brought.

What is Inquiry?

An inquiry is a formal way of asking questions and acquiring information so as to establish the truth about something. An inquiry, in simple terms, is an official inspection or study usually done by a magistrate, a court or any person who has authority. The purpose of an inquiry is to carefully examine the evidence and witness statements regarding a specific case or event. This is achieved through questioning and collection of facts for determining the real cause behind an occurrence and if any rules were violated.

Section 2(g) of the Code of Criminal Procedure (CrPC) defines the term ‘Inquiry’ as a legal process which is initiated with an aim of clearance of doubt, finding out the truth, or furtherance of knowledge regarding the case.

Key Features of Inquiry includes:

• It is a formal judicial process overseen by a judge or court.
• It happens after the police have completed their initial investigation.
• Its main purpose is to determine if the allegations are true or false.
• Witnesses provide testimony under oath during an inquiry.
• It can lead to charges being formally filed if sufficient evidence is found.

Difference Between Investigation and Inquiry

Basis	Investigation	Inquiry
Meaning	The Investigation is the process that involves the organized collection of facts and evidence designed to start the situations surrounding the case.	Inquiry is a judicial procedure, initiated in order to remove uncertainty, find out true facts or expand knowledge about it.
Definition	Defined in Section 2(h) of the Code of Criminal Procedure (CrPC).	Defined in Section 2(g) of the Code of Criminal Procedure (CrPC).
Conducted by	Police officer and any other person approved by magistrate.	It is conducted by the magistrate or court.
Stage	Investigation is the first stage in a criminal case.	Inquiry is the second stage that follows the investigation.
Objective	The objective is to collect facts and evidence related to an alleged crime.	The objective is to determine the truth or falsity of the allegations based on the evidence.
Commencement	An investigation commences when a First Information Report (FIR) or complaint is filed at the police station regarding an alleged offense.	An inquiry commences when the police file a charge sheet against the accused person based on their investigation.
Ends in	An investigation ends with the filing of a police report.	An inquiry ends with the framing of charges against the accused.
Nature of Process	An investigation is an administrative process carried out by executive authorities.	An inquiry is a judicial or non-judicial process conducted under the oversight of the court.

Conclusion

In conclusion, while both investigation and inquiry are integral to the legal process, they serve distinct purposes. Investigation, conducted by law enforcement, focuses on gathering evidence to solve crimes. In contrast, inquiry, overseen by courts or authorities, aims to establish the truth or resolve doubts about a case. Understanding these differences is essential for ensuring justice is served effectively.

Difference Between Investigation and Inquiry- FAQs

What is the main purpose of an Investigation?

The main purpose of an investigation is to find out if a crime has actually been committed and gather evidence about what happened.

When does an Inquiry happen?

An inquiry happens after the police have completed their initial investigation and filed a report with the court.

Is testimony given under oath during an Investigation?

No, testimony is not typically given under oath during a police investigation. Testimony under oath happens during the inquiry stage overseen by the court.

What comes first; an Investigation or an Inquiry?

An investigation always comes before an inquiry in the legal process of a criminal case.

Can an Inquiry lead to charges being filed?

Yes, if the inquiry finds enough evidence to support the allegations, charges can then be formally filed against the accused person(s).