DIFFERENCE BETWEEN TRIAL AND INQUIRY

DIFFERENCE BETWEEN TRIAL AND INQUIRY

Both are judicial proceedings.

TRIAL

Inquiry is different from trial. Trial is not defined in the code. Trail was defined in the code of 1872, but it has not been defined in the subsequent code 1882, 1898 and 1973.

1. A trial is always for an offence.

2. A trial ends in acquittal or conviction of an accused.

3. Trial is the examination and determination of cause by a judicial tribunal.

4. Trial follows inquiry.

5. Trial is the third stage.

INQUIRY

1. An inquiry does not necessarily relate to only offences.

For Example- Inquiry made in disputes relating to an immovable property with regard to possession, public nuisance or for the maintenance of wives.

2. An inquiry into a offence never ends in a conviction or acquittal.

3. Inquiry includes every inquiry other than a trial conducted by magistrate or court.

4. Inquiry precedes trial.

5. Inquiry is the second stage in a criminal case.