Difference between Trial and Inquiry

Trial and Inquiry, as they are known in criminal law, are two separate phases of the criminal justice system. The stage of Inquiry is when the investigative agencies go before a court or magistrate and present the evidence they have acquired. The case will go to Trial if the judicial officer determines that there is enough evidence to prove a charge. A judge will determine whether the suspect is guilty or not of the crime after hearing testimony from the prosecution and defense during the trial.

What is Inquiry?

Section 2(g) of the Code of Criminal Procedure (CrPC), 1973 states that an Inquiry means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.

All inquiries carried out by this code are included in the term “inquiry,” although trials presided over by a magistrate are not. After receiving the police report under Section 157 of the CrPC, the Magistrate is authorized by Section 159 of the CrPC to convene a preliminary inquiry to determine if an offense has been committed and, if so, whether anybody has to face trial. The procedures may take the form of an investigation to get the accused sent to the court of session for a trial.

Key Features of Inquiry:

• Inquiries involve a preliminary assessment conducted by a magistrate or court to determine if an offense has been committed and if trial proceedings are necessary.
• Inquiries entail judicial scrutiny of police reports, complaints, and witness testimonies to establish legal grounds for further action.
• Magistrates have the authority to conduct inquiries and make decisions regarding the need for trial proceedings based on the evidence presented.
• Inquiries can take various forms including preliminary, judicial, non-judicial (administrative), local, and offense-related, each serving distinct purposes within the legal framework.

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 Trial and Inquiry

Basis	Trial	Inquiry
Meaning	A Trial is a legal process that does not result in anyone’s discharge but can lead to either an acquittal or conviction.	A formal procedure to get information and ask questions about a specific occurrence is known as an inquiry.
Commencement	Either the charge is framed or the accused is arranged beforehand.	It begins with the filing of a complaint with the magistrate.
Result	An acquittal or conviction results from a Trial.	If the legal procedure is finished with the Inquiry, there won’t be a conviction or acquittal. Discharge or commitment to Trial are possible outcomes.
Subject Matter	There is always an offense at Trial.	The investigation may deal with an offense or a non-offense. For instance, a public nuisance inquiry would determine whether to maintain, possess, or both.
Purpose	Closure of what is true and what is false.	Establishing the truth.
Interpretation	A Trial signifies two concepts. A controversial trial that arises from a problem and a complaint or action tried from the beginning to the conclusion.	Every type of inquiry other than a Trial is included in the broader definition of Inquiry.
Stage	The third phase of a criminal case is Trial.	The second phase of a criminal case is an Inquiry.
Relationship	Trial follows an Inquiry.	Inquiry precedes Trial.
Assessment	Trial is the investigation and assessment of a cause by a court panel that has authority over it.	Inquiry covers all investigations carried out by a magistrate or a court pursuant to the Code of Criminal Procedure, except trials.
Remedy	Transfer of the order for investigation.	Revision or appeal of the ruling.
Conclusion	It concludes with the penalty or agreement.	It ends with only the suggestions.

Conclusion

Finding sufficient evidence to charge a suspect with a crime is the goal of the Inquiry stage; ascertaining the suspect’s guilt or innocence is the goal of the Trial stage. The term ‘Trial’ describes the ruling or verdict rendered by a court to ascertain a defendant’s guilt or innocence. The 1973 Code of Criminal Procedure discusses the four main types of trials.

Trial and Inquiry-FAQs

How does an Inquiry start?

Inquiry starts when a complaint or FIR is submitted to the magistrate, and then inquiry begins with the filing of a complaint with the magistrate.

Who is the conducting authority of a Trial?

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

What is a Judicial Inquiry?

In a judicial inquiry, a judge selected by the government looks into an issue that the public finds interesting.

Who has the authority to Inquire?

The magistrate, or any other person permitted by law, conducts the inquiry.

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.

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