The terms Inquiry and Investigation are often used interchangeably in common language, but in legal terminology—especially under the Code of Criminal Procedure, 1973 (CrPC)—they have distinct meanings and purposes. Below is a clear distinction between Inquiry and Investigation:
🔷 Distinction between Inquiry and Investigation
| Basis of Distinction | Investigation | Inquiry |
|---|---|---|
| Definition | Investigation is the process by which police or investigating agency collects evidence. | Inquiry is conducted by a magistrate or court to determine the truth of the facts in issue. |
| Provision in CrPC | Defined under Section 2(h) of CrPC. | Defined under Section 2(g) of CrPC. |
| Conducted by | Police officers or any person authorized by a magistrate. | Magistrate or court. |
| Stage of Proceedings | Pre-trial stage, before chargesheet is filed. | Post-investigation and may occur before or during trial. |
| Objective | To collect evidence, ascertain facts, and identify the offender. | To determine whether there is a prima facie case for trial or to clarify issues. |
| Scope | Includes search, seizure, interrogation, arrest, etc. | Includes recording statements, examining witnesses, hearing arguments. |
| Nature | Fact-finding and evidence collection. | Judicial in nature, involving application of law to facts. |
| Example | Police investigating a murder case by gathering evidence and questioning suspects. | Magistrate conducting inquiry into whether a complaint is false or if charges are to be framed. |
✅ Summary:
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Investigation is executive in nature and focused on fact-finding.
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Inquiry is judicial in nature and focused on assessing the sufficiency of evidence or grounds for further legal action.
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