Stages in the prosecution of an offence:

Prosecution of an offence is usually a three-step process.

1. Investigation
2. Inquiry
3. Trial

Investigation [According to Sec-2(h) ]

Investigation includes all the proceedings under CrPC 1973 for the collection of evidence.

Investigation may be conducted by a Police officer or by any person (other than a Magistrate) who is authorized by a Magistrate. Investigation is a preliminary stage conducted by the police and usually starts after the recording of a First Information Report (FIR) in the police station.

Anyone – not only the victim – can notify the police about the commission of an offence by recording an FIR. If, from the FIR, the officer-in-charge of a police station suspects that an offence has been committed he/ she is duty-bound to investigate the facts and circumstances of the case and if necessary, takes measures for the arrest of the offender. Investigation primarily consists of ascertaining facts and circumstances of the case.

Ingredients of investigation:

• Police officer proceeds to the spot;
• Thereby Ascertaining facts and circumstances;
• Discovery and arrest of the suspected offender;
• Collection of evidence relating to the commission of offence, which may consist of the examination of various persons including the accused and taking of their statements in writing and the search of places or seizure of things considered necessary for the investigation and to be produced at the trial;
  • Formation of opinion as to whether on the basis of the material collected, there is a case to place the accused before a magistrate for trial, and if so, taking the necessary steps for filing the charge-sheet. Investigation ends in a police report to the magistrate. What happens if the police refuse to investigate an offence In such a case the person can proceed directly to file a complaint with the Magistrate who may order the police to investigate the offence and file a police report.

Inquiry:

According to Sec-2(g) “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court. The stage preceding the trial is called inquiry. Actual trial starts only after the charge has been framed.

 “Inquiry” is a name given to a proceeding conducted under CrPC, by a Magistrate or a Court other than a trial for ascertaining or verifying facts with a view to take some action under the code.  Ambit of Inquiry is very wide and comprehensive and include proceedings under Sections 340, 144, 145, 176, 446 of Cr.P.C.

Ingredients of Inquiry:  During an inquiry following important proceedings can be taken place:  

• Taking of Cognizance u/s 190
• Appearance or production of accused before the court
• Complaint proceeding.
• Dismissal of complaint
• Issue of process
• Handing over of documents
• Fixation of date for 1st hearing etc.

An inquiry is basically a proceeding wherein, the magistrate or court applies the judicial mind to determine whether further proceedings moving towards the trial shall be taken or not.  No specific mode or manner of inquiry is provided u/s 202.

• An Inquiry may be initiated on, filing of a complaint with the Court, by a citizen or
• Filing of a police report on an FIR, whereupon the magistrate applies his mind on the point whether he shall take cognizance or not.

Sec-202 Inquiry: At inquiry stage, the judge is required, to weigh the evidence gathered by the police during investigation to ascertain whether or not a prima facie case against the accused has been made out.  In case material placed before the court is sufficient, the court frames charges and proceeds with trial. If, on the contrary, the judge considers the materials insufficient for proceeding against the accused, the judge discharges the accused and records reasons for doing so. The purpose of 202 Inquiry is to decide whether or not there is sufficient ground for proceeding against the accused,  

In V.C. Shukla v. State through C.B.I. AIR 1980 SC 962, the Supreme Court has held that from the time the accused appears or is produced before the Magistrate with the Police Report under Section 170 of Code and the Magistrate proceeds to enquire whether Section 207 of Code has been complied with and then proceeds to commit the accused to the competent court, the proceedings before the Magistrate would be an inquiry as contemplated by Section 2(g) of the Code.”

 In the inquiry envisaged u/s 202, Cr.P.C. examination of the complainant only is necessary with the option of examining the witnesses present, if any. The inquiry proceedings move up till the stage of commencement of charge framing. Thereafter with the framing of charge, the trial process starts.

Trial:

Trial is the judicial adjudication of a person’s guilt or innocence. The term trial has not been defined in the CrPC, however is commonly understood to mean –

• • • A judicial proceeding where evidences are allowed to be proved or disproved, and guilt of a person is adjudged leading to a acquittal or a conviction.
    • If in a proceeding the court has no power to convict or acquit, it is no `trial’.
    • Trial includes, all steps which a criminal court adopts subsequent to the framing of charge and until the pronouncement of judgement.
    • Under the CrPC, criminal trials have been categorized into three divisions each having distinct procedures, called

1. 1. 1. 1. 1. Summary case
            2. Summons case
            3. Warrant case, including Trial by a Magistrate and Trial by a Sessions Judge