Difference between Investigation and Trial

Investigation and Trial are two distinct phases within the legal process, each serving unique purposes in the pursuit of justice. The criminal justice system consists of several stages and these two are the important stages. The criminal justice system begins with the investigation stage, during which law enforcement organizations obtain data on a crime that has been committed. If the judicial officer finds sufficient evidence to support a charge, the matter will go to trial. After hearing testimony from the prosecution and defense during the trial, the judge will decide whether or not the defendant is guilty of the offense.

What is Investigation?

This is the initial phase of the criminal justice process, during which law enforcement organizations get data on a criminal offense. Finding the suspects and gathering proof to bolster the prosecution’s case are the two main objectives of the investigation. In its literal sense, an investigation is a thorough review or search conducted to gather data or facts. The day the trial is held and its conclusion is impacted by the investigation; it is not only a police issue. The Criminal Procedure Code defines the term “investigation.” Section 2(h) of the Cr.P.C. states that an investigation encompasses all processes under this code to gather evidence, carried out by law enforcement officials or anyone (not a magistrate) who has been granted permission by a magistrate to do so. An investigation is a process to identify leads, either by the police or any other authorized individual.

Key Features of Investigation:

• Investigation of crime refers to gathering evidence regarding an incident of crime or allegation in order to ascertain the truth and assign blame to the offender.
• According to Section 2(h) of the CrPC, “investigation” refers to all procedures under this code for the gathering of evidence carried out by a police officer or by any individual (other than a magistrate) who has been given permission by a magistrate in this regard.
• The gathering of evidence in the pursuit of truth is the sole definition of investigation.

What is Trial?

The term “trial” is not defined in the Code of Criminal Procedure. A trial is a legal process that does not result in anyone’s discharge but can lead to either an acquittal or conviction. It is the investigation and decision-making of a cause under the authority of a judicial body. In a warrant case, the accused is asked to enter a plea once the accusation is framed. At that point, the trial starts. It is not required to file an official charge in a summons case; the trial begins as soon as the accused is brought before the magistrate and given the details of the offense.

Key Features of Trial:

• Trials involve the adjudication of a criminal case by a judicial body, aiming to determine the guilt or innocence of the accused through a formal legal procedure.
• In warrant cases, trials begin after framing charges and the accused entering a plea, while in summons cases, trials commence upon the accused being informed of the offense.
• Trials for certain offenses are conducted exclusively in session courts, following committal procedures completed by magistrates.
• The primary purpose of a criminal trial is to ascertain whether the accused, brought before the court, is guilty of the charged offense, leading to either acquittal or conviction.

Difference between Investigation and Trial

Basis	Investigation	Trial
Meaning	Gathering evidence regarding an incident of crime or allegation in order to ascertain the truth and assign blame to the offender.	A Trial is a legal process that does not result in anyone’s discharge but can lead to either an acquittal or conviction.
Commencement	As and when the crime takes place.	Either the charge is framed or the accused is arranged beforehand.
Result	A charge sheet or final report is the outcome (section 173 CrPC). This is non judicial proceeding.	An acquittal or conviction results from a Trial.
Offence	There is no requirement for an offence to start any investigation.	There is always an offense at Trial.
Oath	It is not an oath.	It is an oath.
Starts With	Usually, it begins with a police report or a magistrate’s order.	It begins with a police report, a magistrate’s report, or a complaint.
Goal	Its goal is to gather information in order to prosecute.	The determination of what is true and untrue.
Stage	Investigation is the first stage of the case.	Trial is the third stage of a case.
Conclusion	It concludes with leads and evidences.	It concludes with the penalty or agreement.

Conclusion

“Investigation” refers to any process under this Code for gathering evidence, carried out by a police officer or by any anyone (not a magistrate) who has been given permission by one to do so. The decision or result made by a court to determine whether or not a person is guilty or innocent is referred to as a “trial.” The four primary trial kinds are covered in the 1973 Code of Criminal Procedure.

Investigation and Trial- FAQs

Who is the conducting authority of a Trial?

The person with the authority to conduct a trial is a judge or magistrate.

Who has the authority to conduct an investigation?

Investigation can be conducted by a Police officer or by any person (Other than a magistrate) who is authorised by a magistrate in this behalf.

Are investigation and inquiry terms interchangeable?

Although investigation and inquiry have some similarities, they are distinct concepts with separate meanings and objectives, which is why they are not typically used interchangeably.

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.

How many types of Trials are there?

• Trial by court of a session.
• Trial by a magistrate (can be summon or warrant case).
• Summary trials.

Also refer to:

Difference between Trial and Inquiry

Difference Between Investigation and Inquiry

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.