What is Inquiry -
According to Section 20(g) of the Code of Criminal Procedure, "inquiry" means every inquiry, other than a trial, conducted under this Code (Code of Criminal Procedure 1973)by a Magistrate or Court.
What is Trial -
The term Trial has not been defined in the Code of Criminal Procedure. According to Wharton's Law lexicon, trial means the hearing of a case, civil aur criminal, before a Judge who has jurisdiction over it. A Trial does not include judgment.
Distinction/Difference between Inquiry and Trial -
Both Inquiry and Trial are Judicial functions, but they differ as follows -
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No.
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Inquiry
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Trial
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1
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An inquiry does not necessarily mean an
inquiry into an offense for it may relate to matters which are not offenses.
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Whereas A trial, on the other hand, is
always of an offense
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2
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An inquiry in respect of an offense
never ends in conviction or acquittal; at the most, it may result in
discharge or commitment of the case to sessions.
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While a trial must invariably end in
acquittal or conviction of the accused.
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3
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Inquiry precedes Trial
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A trial follows an inquiry
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4
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An inquiry is the second stage in a
criminal case
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A trial is the third stage in a
criminal case.
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5
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The inquiry includes every inquiry
other than a trial conducted under the Code of Criminal Procedure by a
Magistrate or a Court.
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While a Trial is the examination and determination of a cause by a
judicial tribunal which has jurisdiction over it.
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See also...
Decree: Meaning, definition and Types of Decree
Difference/Distinction Between A Court and Tribunal
Child Welfare Committees | Juvenile Justice Act, 2015
Difference/Distinction Between A Court and Tribunal
Child Welfare Committees | Juvenile Justice Act, 2015
Not 20(g)
ReplyDeleteIt's 2(g)