Inquiry in criminal law is every proceeding conducted by a Magistrate or court, other than a trial, under the Code of Criminal Procedure for the purpose of determining whether sufficient ground exists for proceeding further. Under Indian law, inquiry is defined in Section 2(g) of the Code of Criminal Procedure, 1973 (now Section 2(1)(k) of the BNSS, 2023).
Legal definition
Section 2(g) of the Code of Criminal Procedure, 1973 provides:
Section 2(g): "Inquiry" means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.
The definition is deliberately broad. An inquiry is not an investigation (which is a police function) and not a trial (which leads to conviction or acquittal). It is an intermediate judicial proceeding that serves various purposes — examining the complainant, determining whether to issue process, committing a case to sessions, and conducting inquest proceedings.
New law equivalent: Under the BNSS, 2023, Section 2(1)(k) defines inquiry in identical terms. No substantive change has been made to the definition.
How courts have interpreted this term
S.N. Sharma v. Bipen Kumar Tiwari [AIR 1970 SC 786]
The Supreme Court clarified the distinction between investigation and inquiry. The Court held that a Magistrate has the power to supervise the progress of investigation and ensure that no injustice is done. However, the Magistrate cannot interfere with the actual process of investigation, which is an executive function vested in the police.
Tula Ram v. Kishore Singh [(1977) 4 SCC 459]
The Supreme Court held that an inquiry under the CrPC is a judicial proceeding, and the Magistrate must apply their judicial mind to the material before them. An inquiry is not a mechanical exercise but requires active judicial engagement with the facts.
Abhinandan Jha v. Dinesh Mishra [AIR 1968 SC 117]
The Supreme Court held that a Magistrate cannot direct the police to file a chargesheet or a particular kind of report — the Magistrate's role at the inquiry stage is to determine whether the material warrants further proceedings, not to dictate the outcome of the investigation.
Types of inquiry
The CrPC and BNSS provide for several types of inquiries:
- Inquiry into complaints (Sections 200-203 CrPC / Sections 223-226 BNSS): When a Magistrate receives a complaint, they may examine the complainant and witnesses to determine whether to issue process against the accused.
- Committal inquiry (Section 209 CrPC / Section 232 BNSS): The Magistrate commits cases exclusively triable by a Court of Session to the sessions court.
- Inquest (Section 174 CrPC / Section 194 BNSS): A Magistrate may conduct an inquest to determine the cause of death in cases of suicide, suspicious death, or death in police custody.
- Inquiry into maintenance (Section 125 CrPC / Section 144 BNSS): A Magistrate determines entitlement to maintenance for wives, children, and parents.
Why this matters
The inquiry stage is a critical filter in the criminal justice system. It ensures that only cases with sufficient material proceed to trial, thereby protecting individuals from baseless prosecution. Without the inquiry mechanism, every complaint would automatically result in a trial, overburdening the courts and subjecting innocent persons to unnecessary proceedings.
For practitioners, the inquiry under Sections 200-203 CrPC (Sections 223-226 BNSS) is particularly important in private complaint cases. This is the stage where the Magistrate decides whether to issue process (summons or warrant) against the accused. A well-drafted complaint supported by credible evidence at this stage significantly increases the likelihood of process being issued. Conversely, if the complainant's case appears frivolous, the Magistrate may dismiss the complaint under Section 203 CrPC (Section 226 BNSS).
The distinction between inquiry, investigation, and trial is not merely academic — it determines the procedural rights of the parties, the powers of the presiding officer, and the nature of the order that can be passed at each stage.
Related terms
Related concepts:
Related procedures:
Related types of proceedings:
Frequently asked questions
What is the difference between inquiry and investigation?
Investigation is an executive function conducted by the police to collect evidence relating to an offence. Inquiry is a judicial function conducted by a Magistrate or court to determine whether there is sufficient ground for further proceedings. Investigation is governed primarily by Sections 154-176 CrPC; inquiry is conducted at various stages under different provisions of the Code.
Can an inquiry result in conviction?
No. By definition, an inquiry is every proceeding other than a trial. Only a trial can result in conviction or acquittal. An inquiry may result in issuing process, committing the case to a higher court, dismissing the complaint, or other interlocutory orders.
When is a Magisterial inquiry mandatory?
A Magisterial inquiry under Section 176 CrPC (Section 196 BNSS) is mandatory in cases of death or disappearance of a person in police custody, death of a woman within seven years of marriage, and deaths attributed to rape. Under BNSS, the scope of mandatory judicial inquiry has been expanded.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.