Difference Between Investigation and Inquiry

Investigation

According to Section 2(h) of the Criminal Procedure Code, an "Investigation" must always be done by a police officer or someone else allowed by a Magistrate to do so on behalf of a Magistrate. Through the investigation, the facts and evidence are carefully gathered, and the circumstances of the case are figured out. Investigating something includes all the steps required by the code to gather proof.

Based on the word's roots, the court said that investigations include any process that involves sorting through materials or looking for important data to find out the facts of a case. According to Article 199 of the Constitution, the High Court can fix any mistakes made by investigating bodies that are not acting in good faith. Investigations are administrative.

Investigation account of different legal actions taken by the Police Officer or by any other person excluding the Magistrate, so allowed by the Magistrate in this regard, for getting evidence, such as Central Bureau of Investigation (CBI). Investigation begins when the officer in charge of the concerned police station, gets information with respect to the commission of the crime.

For this purpose, the officer is authorized to demand the presence of all the individuals who appear to be aware of or have knowledge of the circumstances of the case. The police investigate to collect proof, interrogate the accused and record their statement, record the statement of witnesses, and conduct a scientific study of data.

Types Of Investigation

Detectives in the actual world are far more likely to specialize, especially if their department is located in a large metropolis, even though investigators in fictitious whodunit cases sometimes have them in charge of a variety of investigations.

Detectives in many police agencies are split into two units: one that looks into crimes against persons and another that concentrates on crimes against property. Large agencies like the NYPD, on the other hand, might specialize even further, assigning detectives to units like homicide, special victims, drugs, and more.

This list of different criminal investigation kinds will offer you some insight into the life of a police detective, regardless of the department's level of specialty.

1. Homicide

The objective of homicide unit detectives is to look into cases where another kills one person. Usually, they start their investigation by evaluating the scene of the crime, gathering any relevant evidence, dusting the area for fingerprints, taking pictures, and searching the neighborhood for any witnesses to speak with. To obtain as much information as they can, homicide investigators need to be adept at questioning suspects and witnesses alike. This can be difficult even when a witness is eager to cooperate, much less if they are unwilling to talk.

2. Cyber Crime

Regretfully, a large number of crimes that happen offline can also happen online. Identity theft, the unlawful selling of firearms, online drug trafficking, and online harassment are some examples of these cybercrimes. Since cybercrimes frequently occur in multiple jurisdictions and their perpetrators can remain anonymous behind computer screens, they can be challenging to investigate. Despite these obstacles, these tech-savvy detectives use electronic evidence and technical analysis to unearth the truth and provide victims with justice.

3. Forensic Investigation

Forensics is used to investigate a wide range of crimes. In order to piece together the facts of what transpired and who committed the crime, the police investigators in this unique team use scientific analysis of evidence from crime sites. They use techniques like ballistics analysis and soil analysis to recreate the murder scene and work with DNA evidence, such as hair or bodily fluids, to assist in identifying or ruling out potential suspects.

4. Fraud

Fraud is the deliberate use of false information to deceive an individual or organization, usually with the purpose of making money. Investigators are required to look into the various forms of fraud, such as identity theft, credit card fraud, forgeries, and insurance fraud. Investigators employ their investigative abilities to compile proof of fraud and track down the perpetrator via a paper trail.

5. Sexual and Familial Abuse

This unit's detectives are experts in any case involving sexual assault, domestic violence, or mistreatment of children. These investigators gather forensic evidence and speak with witnesses and victims in order to build a case against the offender. These detectives frequently undergo specialized training to enable them to support victims in these intricate investigations, particularly in situations when family members have been the victims of abuse or violence. In addition, detectives working on these cases might collaborate with other groups that assist victims, like social workers, therapists, and safe shelters for women and children.

Inquiry

A magistrate or the court conducts an investigation; a police official does not. Inquiry is not the same as investigation.

The Code of Civil Procedure's Section 2(g) states that an inquiry is any investigation carried out by a magistrate or the court, with the exception of trials done in accordance with this code. The investigation is related to the Magistrate's pre-trial proceedings. All inquiries carried out in accordance with this code are included in the term "inquiry," although trials presided over by a magistrate are not.

When a police report is received under Section 157 of the CrPC, the Magistrate is authorized by Section 159 of the CrPC to conduct a preliminary inquiry to determine if an offense has been committed.

Suppose the offence has been committed then, whether any person should be put on trial.

Types Of Inquiry

• Administrative / non-judicial
• Judicial Inquiry
• Initial Inquiry
• Local Inquiry
• Offense Inquiry
• Non-offense Inquiry

After receiving the police report under Section 157 of the CrPC, the Magistrate is authorized by Section 159 of the CrPC to convene a preliminary inquiry to determine whether an offense has been committed and, if so, whether anyone needs to face trial.

The beginning of the session court's triable cases procedures occurs in front of a magistrate. The proceedings may take the form of an inquiry to get the accused sent to the court of session for a trial.

In matters that Section 302 of the CrPC allows the magistrate to try alone, they also conduct an inquiry. When a complaint is brought before a magistrate, the magistrate conducts an oath-taking examination of the complainant and witnesses to determine if a criminal court inquiry is necessary.

The magistrate has the authority to reject the complaint if she finds fault with the complainant's and the witnesses' statements.

The inquiry's conclusion does not provide enough evidence to move on with the matter. These actions are all being taken in the context of the inquiry.

Goal Of Inquiry

Conversely, inquiries have more of an objective. The usual reason for inquiry is to investigate a topic or deal with a particular public interest issue. Aiming to improve systems, rules, or practices, inquiries try to collect data, analyze it, and offer suggestions or solutions. The urge to comprehend complicated issues and arrive at wise conclusions motivates them.

Techniques Used in Inquiry

Inquiries use a variety of techniques to obtain data and conduct in-depth investigations of a subject. These techniques may involve stakeholder or expert discussions, research, surveys, data analysis, public hearings, and interviews. Inquiries frequently encourage public participation, which depends on openness to foster accountability and process trust.

Legal Background Of The Inquiry

Even though inquiries may also have a legal component, their main goal is not to carry out legal proceedings or prosecute specific persons. Governments and organizations have the authority to launch investigations into matters of public interest, including ethics infractions, systemic flaws, and public safety. While there may be differences in the legislative framework governing inquiries, they frequently seek to offer suggestions for enhancements rather than to impose penalties.

Decision-Making in Inquiry

Broader-based decisions are the subject of inquiries. The conclusions and suggestions of an investigation might influence changes in policy, organizational restructuring, or public awareness campaigns. Inquiries do not place blame on specific individuals or impose punitive penalties; instead, their decision-making process aims to address systemic concerns, improve systems, and prevent repeat occurrences.

Confidentiality in Inquiry

Even though the degree of secrecy varies, inquiries may contain sensitive information. Depending on the type of investigation and the topic being studied, some material may be disclosed to the public or pertinent stakeholders to maintain accountability and transparency. However, to protect people's right to privacy, personal or sensitive data must still be treated carefully.

Difference Between Investigation and Inquiry

After glancing at the definitions of these two terms, let's proceed to comprehend the distinction between inquiry and investigation:

1. An investigation is an executive action that entails systematically gathering information, determining the case's conditions, and gathering facts and evidence. Conversely, an inquiry is a legal process that is started with the intention of dispelling doubts, learning the truth, or advancing understanding about the matter.
2. The 1973 Code of Criminal Procedure defines inquiry in Section 2 (g), whereas investigation is defined in Section 2 (h).
3. A police officer or any other individual designated by the magistrate to carry out this inquiry, such as a governmental organization like the Central Bureau of Inquiry, conducts the investigation. On the other hand, the Magistrate or Court is in charge of inquiry.
4. Essentially, an investigation and an inquiry are two distinct phases of a criminal case. The investigation phase is the first, during which a police officer looks into the case either independently or in response to a magistrate's orders. Additionally, the police officer reports to the magistrate when there is enough proof to support the commission of the offense. Next comes the second phase, which could be a trial or an inquiry.
   
6. The main goal of the investigation is to determine whether or not the claimed crime has been committed, and if it has, to determine who committed it and gather pertinent evidence. On the other hand, determining whether the accusations are true or false is the main goal of the inquiry.
7. Police initiate an investigation into an offense as soon as a formal complaint or FIR is submitted, but the magistrate initiates an inquiry upon the police filing a charge sheet.
8. The investigation concludes upon the filing of the Police Report. Conversely, Inquiry occurs before the formulation of charges. Once charges are framed, the inquiry concludes.
9. An investigation is an administrative procedure, while an inquiry is a judicial procedure. In an inquiry, evidence is taken under oath during the proceedings.

Investigation Vs. Inquiry

Basis	Investigation	Inquiry
Meaning	The systematic procedure of obtaining data, facts, and proof in order to ascertain the truth or obtain solutions to a particular problem or criminal activity.	Inquiry is the process of gathering information or asking questions to learn more about a crime.
Purpose	To ascertain the facts, compile supporting documentation, and ascertain the truth about a certain incident, crime, or issue.	To look for information, inquire a topic, or learn something in order to aid in decision-making, research, or education.
Scope	Concentrated on a single occurrence, crime, issue, or complaint.	More comprehensive and capable of covering a variety of issues or topics.
Legal context	Frequently connected to court cases, law enforcement, or government agencies.	It is relevant in non-legal contexts, including study, teaching, and general inquiry, but it can also be employed in legal contexts.
Methodology	Comprises gathering proof, interviewing people, evaluating information, and adhering to a systematic procedure in order to ascertain the truth or establish facts.	Depends on gathering information via investigation, analysis, study, interviewing, and questioning a variety of sources.
Objectivity	Needs to be objective and impartial in order to guarantee that the investigation is factual and supported by evidence.	Even though objectivity is crucial, questions might be subjective depending on the researcher's goals or point of view.
Context	Conducted frequently in reaction to particular occurrences, claims, or suspicions.	It can be started by curiosity, intellectual interests, research goals, or the necessity of acquiring data to make a decision.
Legal Authority	Regulatory organizations, law enforcement organizations, and authorized people may all undertake investigations.	Individuals, groups, educational institutions, or any other body looking to learn more can all conduct inquiries.
Outcome	The objectives are to ascertain the truth, compile supporting data, and draw conclusions or suggestions from the research.	The result is learning more about a subject or issue and gaining knowledge, comprehension, or insights that might guide decision-making or encourage more research.
Examples	Corporate investigations, forensic investigations, and criminal investigations.	Academic, fact-finding, and research investigations.
Confidentiality	In order to preserve the parties' interests and the process's integrity, handling sensitive information and upholding confidentiality are frequent tasks of investigations.	Depending on the nature of the issue or topic being investigated, inquiries may or may not entail confidential information.
Time frame	Depending on how complicated the case or subject being looked into is, Investigations might take a long time.	The length of an inquiry might vary, spanning from a few weeks to several years for research projects.
Legal implications	Particularly in criminal prosecutions or regulatory inquiries, investigations may have legal ramifications.	If an inquiry is carried out in accordance with a legal or regulatory framework, it could have legal repercussions, although not necessarily.
Conclusion	Based on the information and data acquired, investigations seek to conclude.	Since the goal of inquiries is frequently to acquire information rather than arrive at a clear conclusion, they may or may have a vague result.

Conclusion

Lastly, to successfully navigate the legal system and guarantee that justice is done, it is critical to distinguish between inquiry and investigation. Investigations entail systematic and exhaustive inspections to learn the truths, supporting documentation, and facts surrounding a certain incident or case. Many times, they entail in-depth investigation, gathering, and processing of data by qualified experts, such as private investigators or law enforcement officials.

Legal professionals, legislators, and the general public must comprehend the distinctions between investigation and inquiry since they have an impact on how legal cases are handled. Fairness, accountability, and transparency are fundamental to the legal system, and both procedures are essential to maintaining them. In the end, stakeholders may support integrity in decision-making, traverse legal proceedings more skillfully, and ultimately help to maintain justice and the rule of law in society by understanding the differences between investigation and inquiry.

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