In criminal jurisprudence under Indian law, "inquiry" and "trial" represent two distinct stages, each with a different purpose and legal significance.
What is an Inquiry?
Inquiry, as defined under Section 2(g) of the Code of Criminal Procedure (CrPC), is a preliminary examination conducted by a magistrate or court to determine whether there is sufficient ground to proceed with a trial. It is a fact-finding process that does not involve judging guilt or innocence and cannot end in conviction or acquittal. Essentially, it decides whether the charges can move forward.
A trial is the actual judicial examination of the accused’s guilt or innocence, culminating in a conviction or acquittal. Unlike inquiry, trial always involves an offense and is a comprehensive process that affords the accused the right to defend themselves.
When Does the Trial Begin?
The trial officially begins with the framing of charges under Section 240 CrPC. This stage is critical as the court formally informs the accused of the accusations against them with all particulars, allowing the accused an opportunity to prepare their defense and enter a plea. Until the charges are framed, the process remains an inquiry or preliminary investigation.
Is Framing of Charge Part of the Trial?
Yes, framing of charge is considered the initial stage of a trial. It marks the transition from inquiry to trial. Judicial precedents, including Supreme Court rulings, emphasize that the framing of charge is not a separate preliminary step but rather the threshold where trial proceedings commence because only then does the accused know the case they need to meet.
In Summary:
| Aspect | Inquiry | Trial |
|---|---|---|
| Nature | Preliminary fact-finding | Judicial determination |
| Outcome | Grounds to proceed or not | Conviction or acquittal |
| Stage | Before framing charge | Begins with framing charge |
| Legal Effect | No judgment on guilt | Decides guilt or innocence |
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