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Preliminary Inquiry: A Key To Process Any Trial




Jigyasa Singh, Ajeenkya DY Patil University


INTRODUCTION


Inquiry holds a significance in Criminal law, it is the key to concluding or processing any trial. Every case starts with an inquiry, which is the process of asking questions and conducting research to gather important facts that will be useful throughout the trial to make a conclusion. Subsequent investigation has led to the establishment of various legal statutes under Code of Criminal Procedure, 1973.


The people involved in the incident, their knowledge of it, and whatever they witnessed are all included in an investigation under the Criminal Procedure Code. Under the CrPC, investigation is a crucial pillar that serves as a means of gathering important information and evidence that can be used to demonstrate whether an offence was criminal in intent. Every investigation conducted under the CrPC is a step forward in determining the type of crime that was committed, If the misdemeanour is criminal in nature, the process next turns to the individuals and prepares them for court. Without investigation, it would be impossible to determine what truly occurred during the incident. Inquiry is a crucial component of the legal system both in India and around the world. It is the first action taken before a trial. Without an investigation, no trial could be held because no one connected to the occurrence would be located.


We can understand the type of crime that was committed through investigation. The type of crime reveals whether it was actually committed and, if so, who the perpetrators were. The investigation step is typically followed by the inquiry phase, which also determines if the evidence the police have gathered is accurate or not and whether it represents the crime that was committed. The terms inquiry and investigation are sometimes muddled, although there is a substantial difference between the two since the former deals with the criminality of the offence and the latter with the gathering of evidence. Whereas the investigation can only be non-judicial, the inquiry can be both judicial and non-judicial.

Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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