February 8, 2024
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The most crucial word in criminal law is “inquiry,” which is essential to any trial’s resolution or processing. Every case starts with an inquiry, which is generally understood to be a process of asking questions and looking into things in order to gather important information that will be useful during the trial in order to make a conclusion. Subsequent investigation has revealed certain legally recognized statutes under the Code of Criminal Procedure of 1973.

inquiry under crpc: About

  • The process of asking someone who might know something pertinent about the subject at hand for information is known as an inquiry. According to inquiry under crpc section 2(g) of the Code of Criminal Procedure of 1973, is any investigation carried out by a magistrate or a court that is not a trial.
  • Under the CrPC, an inquiry covers not only the events and circumstances connected to the offence but also the individuals involved and their knowledge of the incident or whatever they saw.
  • Under the CrPC, inquiry functions as a fundamental pillar. Its primary goal is to gather important information that will support the determination of whether the offense committed was criminal in nature.

types of inquiry under crpc

  • preliminary inquiry under crpc: A preliminary inquiry under the CrPC is carried out in advance of a trial to ascertain the criminal nature of the offense and determine whether a trial should proceed. This kind of inquiry functions as a preliminary evaluation to determine whether there is sufficient evidence to support a criminal prosecution. It assists in guaranteeing that legal actions are taken only when there is a justifiable justification to do so.
  • Judicial Inquiry under crpc: Under the CrPC, a judge nominated by the government opens judicial inquiries into topics of public interest. The principal aim of the inquiry is to examine legal matters that bear substantial public significance. This kind of inquiry guarantees an unbiased and lawful analysis of issues affecting the general population.
  • Non-judicial Inquiry under crpc: It is another term for it is an administrative inquiry, and it describes an inquiry that is not carried out with the intention of upholding the law. Non-judicial inquiries are usually conducted to look into internal operations, administrative affairs, or problems that don’t directly involve the police. These inquiries are frequently conducted in an administrative or organizational setting.
  • Local Inquiry: It is regulated under Section 148 of the CrPC and entails assigning a subordinate magistrate to carry out an inquiry in a certain area. To obtain information unique to a given location, local inquiries are made. To guarantee a comprehensive investigation of the case’s local features, the magistrate has the authority to provide directives to the subordinate magistrate throughout the course of the inquiry.
  • Inquiry into Offenses: An inquiry into an offense can never result in a conviction or an acquittal. The crime inquiry just establishes the foundation for the trial. General details concerning the offense committed are relevant to the inquiry into the offense.
  • Inquiry into Subjects other than Offenses: It encompasses any inquiry that is focused on subjects other than the offense; this includes broad inquiries as well as any additional inquiry that does not focus on the specific offense.

inquiry under crpc: Case Rulings

  • In the case of Arjun Marik v State of Bihar, it is held thatthe act of forwarding a report to the magistrate is an integral element of the process and must be sent right away to prevent unnecessary delay and ensure the accuracy of the report. The report must be given to the magistrate for two reasons: first, to stop the prosecution from making any more impromptu statements, and second, to allow the magistrate to monitor the inquiry’s development and processing.
  • In the case of State of Rajasthan v Teja Singh and Ors, the court holidays were cited by the in-charge police as a justification for postponing the report to the magistrate; nevertheless, this was deemed insufficient, as the law requires that the FIR reach the magistrate with no obstacles or delays.

A correct protocol must be followed, and the inquiry is a process that comes after the investigation but before the trial. It grounds the trial in order for trials and individuals involved in the specific case to occur.

The objective of the inquiry is to evaluate the evidence and legal considerations in order to decide if the case should go to trial. Under the CrPC, there are several different kinds of inquiries: preliminary, local, judicial, non-judicial, inquiry into offenses, and inquiry into subjects other than offenses. Each sort of inquiry has a specific function within the legal framework.

An inquiry conducted in accordance with the CrPC is essential to determining the truth, directing the ensuing judicial actions, and guaranteeing a just and equitable conclusion.

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