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    Complaint, FIR, Investigation, Inquiry, and Trial Under CRPC

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    MSSLLB1922 Surya
    The document compares the key differences between complaint, FIR, trial, inquiry, and investigation under the Indian Code of Criminal Procedure (CrPC). A complaint can relate to a cognizable or non-cognizable offense and is made to a magistrate, while an FIR must relate to a cognizable offense and is filed with the police. A trial determines guilt and ends in conviction or acquittal, whereas an inquiry does not determine guilt. An investigation is conducted by the police to collect evidence, while an inquiry is a judicial proceeding conducted by a court or magistrate.

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    Complaint, FIR, Investigation, Inquiry, and Trial Under CRPC

    Uploaded by

    MSSLLB1922 Surya
    856 views6 pages
    The document compares the key differences between complaint, FIR, trial, inquiry, and investigation under the Indian Code of Criminal Procedure (CrPC). A complaint can relate to a cognizable or non-cognizable offense and is made to a magistrate, while an FIR must relate to a cognizable offense and is filed with the police. A trial determines guilt and ends in conviction or acquittal, whereas an inquiry does not determine guilt. An investigation is conducted by the police to collect evidence, while an inquiry is a judicial proceeding conducted by a court or magistrate.

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    Complaint, FIR, Investigation, Inquiry, And Trial Under CrPC

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    The document compares the key differences between complaint, FIR, trial, inquiry, and investigation under the Indian Code of Criminal Procedure (CrPC). A complaint can relate to a cognizable or non-cognizable offense and is made to a magistrate, while an FIR must relate to a cognizable offense and is filed with the police. A trial determines guilt and ends in conviction or acquittal, whereas an inquiry does not determine guilt. An investigation is conducted by the police to collect evidence, while an inquiry is a judicial proceeding conducted by a court or magistrate.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    856 views6 pages

    Complaint, FIR, Investigation, Inquiry, and Trial Under CRPC

    Uploaded by

    MSSLLB1922 Surya
    The document compares the key differences between complaint, FIR, trial, inquiry, and investigation under the Indian Code of Criminal Procedure (CrPC). A complaint can relate to a cognizable or non-cognizable offense and is made to a magistrate, while an FIR must relate to a cognizable offense and is filed with the police. A trial determines guilt and ends in conviction or acquittal, whereas an inquiry does not determine guilt. An investigation is conducted by the police to collect evidence, while an inquiry is a judicial proceeding conducted by a court or magistrate.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    WritingLaw.

    com

    Difference Between Complaint and FIR

    Complaint

    1. Complaint is defined under section 2(d) of CrPC.


    2. A complaint is an allegation that is made orally or in writing to a
    magistrate.
    3. A complaint may relate to a cognizable offence or non-cognizable
    offence.
    4. A magistrate takes cognizance of an offence on a complaint made to
    him. But he can not do so in FIR.
    5. A complaint does not include the report of a police officer.
    FIR

    1. FIR is given under Section 154 of CrPC.


    2. FIR is given to an officer in charge of a police station.
    3. FIR is related to a cognizable offence.

    WritingLaw.com
    4. On FIR, the magistrate can take cognizance.
    5. The FIR of an offence may be given by anybody, including a police
    officer.

    Here is a side by side difference between complaint and FIR under CrPC.

    WritingLaw.com
    Difference Between Trial and Inquiry

    First thing to understand, is that, both trial and inquiry are judicial
    proceedings. Now let us look at five differences between trial and inquiry
    under CrPC.
    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

    WritingLaw.com
    1. An inquiry does not necessarily relate to only offences.
    For Example, Inquiry made in disputes relating to an immovable property
    with regard to the possession, public nuisance, or for the maintenance of
    wives.
    2. An inquiry into an 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 a trial.
    5. Inquiry is the second stage in a criminal case.

    Here is a side by side difference between trial and inquiry under CrPC.

    WritingLaw.com
    Difference Between Investigation and Inquiry

    Investigation

    Section 2(h) of the Criminal Procedure Code (CrPC) talks about


    investigation.
    1. An investigation is made by a police officer or by some person
    authorised by a magistrate.
    2. The object of an investigation is to collect evidence for the prosecution
    of the case.
    3. An investigation is the first stage of a criminal case.
    4. Investigation is not a judicial proceeding.
    Inquiry

    Section 2(g) of the Criminal Procedure Code (CrPC) talks about Inquiry.
    1. An inquiry is made by magistrate or court. Investigation is never made
    by magistrate or court.
    2. The object of inquiry is to determine the truth or false of certain facts

    WritingLaw.com
    with a view to take further action.
    3. An inquiry is the second stage of a case.
    4. Inquiry is a judicial proceeding.
    Here is a side by side difference between investigation and inquiry under
    CrPC.

    WritingLaw.com

    WritingLaw.com

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