INQUIRY v. TRIAL

March 18, 2023

Section 2(g). “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.

Proceedings prior to framing of charge, which do not result in conviction can be termed as inquiry. The proceedings under Section 209 are covered by the term inquiry.

(1) A trial relates always to an offence, but an inquiry may not relate. An inquiry may be ordered in other type of cases as well, such as property disputes, public nuisance and maintenance matters.

(2) An inquiry does not culminate in conviction or acquittal. At the most there may be discharge or commitment of the case. A trial invariably ends in acquittal or conviction of the accused.

(3) Inquiry precedes trial and trial follows inquiry.

(4) Trial is examination and determination of a cause by Judicial officer, having jurisdiction over it but inquiry of a proceeding initiated under the Act, which is not trial. If you want to be a judicial officer and are looking for RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.

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