Inquiry under CrPC
Inquiry under CrPC
Definition of Inquiry:
Section 2(g) of the CrPC defines Inquiry as “every inquiry, other than a trial, conducted by a Magistrate or a Court of Session, to ascertain whether there is sufficient ground for proceeding.”
In simpler terms, an inquiry is a preliminary investigation or examination by a magistrate before the trial begins, aimed at determining whether a case should be committed for trial.
Distinction Between Inquiry and Trial:
| Aspect | Inquiry | Trial |
|---|---|---|
| Purpose | To find if there is sufficient ground to proceed with trial | To determine guilt or innocence |
| Legal Definition | As per Section 2(g) of CrPC | As per Section 2(t) of CrPC |
| Proceedings | Preliminary examination | Full-fledged hearing on merits |
| Nature | Summary, preliminary | Formal and elaborate |
| Outcome | Either discharge or commitment for trial | Conviction or acquittal |
When is an Inquiry Held?
Inquiry is held by a Magistrate:
Before committing a case to a Court of Session (in serious offenses).
In summons cases where trial is initiated directly by the magistrate.
According to Section 190(1)(b) CrPC, when a Magistrate takes cognizance of an offense which is triable exclusively by the Court of Session, an inquiry is conducted to determine whether the case should be sent for trial to the Sessions Court.
Purpose of Inquiry:
To protect the accused from being sent for trial on baseless or frivolous complaints.
To filter out weak cases at the preliminary stage.
To ensure that only cases with sufficient evidence proceed to trial.
Procedure During Inquiry:
The Magistrate examines the complainant and witnesses.
The accused can be summoned to answer the complaint.
Evidence is collected, but no formal charge is framed during inquiry.
If the Magistrate finds sufficient ground, the case is committed to the Court of Session for trial.
If insufficient ground, the accused may be discharged.
Legal Provisions Related to Inquiry:
Section 2(g): Definition of Inquiry.
Section 190(1)(b): Cognizance by Magistrate of offenses triable exclusively by the Sessions Court.
Section 193: Commitment of case to Court of Session after inquiry.
Section 202: Postponement of issue of process pending inquiry.
Section 203: Dismissal of complaint if no sufficient ground for proceeding.
Case Laws on Inquiry:
1. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
The Supreme Court emphasized the need for preliminary inquiry before issuing process or sending cases for trial to avoid harassment by frivolous or mala fide complaints.
2. Ramesh Kumari v. State of Delhi, (2006) 2 SCC 677
The Court observed that inquiry is a safeguard against unnecessary trials and ensures only cases with prima facie evidence proceed.
3. Manoj Misra v. State of UP, AIR 2018 SC 4689
Reinforced that Magistrates must conduct a proper inquiry to satisfy themselves about the sufficiency of evidence before committing a case.
4. N.B. Srinivasa Setty v. T. Satyapal, AIR 1954 SC 549
Held that the magistrate’s role in inquiry is limited to deciding whether there is sufficient ground to proceed and not to determine guilt.
5. K.S. Chatha v. State of Punjab, AIR 1954 SC 109
Emphasized the importance of a fair inquiry to avoid sending cases lacking prima facie evidence to trial.
Importance of Inquiry:
Prevents abuse of the judicial process.
Ensures that the accused is not put through the ordeal of a trial without a prima facie case.
Protects judicial time and resources by filtering out baseless cases.
Upholds principles of natural justice.
Summary Table:
| Aspect | Inquiry | Trial |
|---|---|---|
| Definition | Preliminary examination to find sufficient ground | Full hearing on merits to decide guilt or innocence |
| When held | Before committing case to Sessions Court | After commitment or cognizance |
| Nature | Summary, investigative | Formal, adjudicative |
| Outcome | Commitment for trial or discharge | Conviction or acquittal |
| Evidence | Preliminary evidence collection | Detailed evidence and cross-examination |
| Legal Provision | Sections 2(g), 190, 193, 202, 203 CrPC | Sections 232-250 CrPC |
Conclusion:
Inquiry under the CrPC is a crucial procedural safeguard that ensures the criminal justice system is not misused and that only cases with reasonable grounds are sent for trial. It balances the rights of the accused with the need for effective prosecution, preventing unnecessary harassment and conserving judicial resources.
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