Inquiry / Inquisitio /

Inquiry: The Pre-Trial Examination

Inquiry occupies the space between a complaint or report being received and a trial commencing. It is the court or Magistrate's tool to examine facts, verify allegations, and decide whether the matter should proceed further. An inquiry does not result in a conviction or acquittal — it results in a decision to proceed (issue summons/warrant, commit to Sessions) or to close the matter.

Types of Inquiry Under BNSS

• Preliminary Inquiry on Complaint: Under BNSS Section 223(1), before taking cognisance on a complaint, the Magistrate examines the complainant and witnesses on oath to determine if there is sufficient ground to proceed.
• Inquiry into Cause of Death: Under BNSS Section 194, where a person dies while in police custody, the Magistrate must hold a mandatory inquiry into the cause of death. This is a safeguard against custodial violence.
• Inquiry before Committal: When an accused is charged with an offence exclusively triable by Sessions Court, the Magistrate holds a committal inquiry to determine whether there is sufficient ground to commit the accused to the Sessions Court for trial.
• Preliminary Inquiry for Cognisable Offences: The 2023 BNSS introduced the power for Magistrates to direct a preliminary inquiry before registering FIR in certain sensitive cases (Section 175 BNSS) — a significant addition from CrPC.

Inquiry vs. Investigation vs. Trial

These three concepts are strictly defined and kept separate: Investigation — conducted by police (collection of evidence). Inquiry — conducted by court or Magistrate (preliminary/ancillary examination). Trial — conducted by court to adjudicate guilt. A key rule: the same officer cannot conduct both inquiry and trial in the same case — the Magistrate who conducts a preliminary inquiry is generally not disqualified from trial, but the court must be alert to bias arising from pre-formed views.

Inquiry into Missing Persons and Suspicious Deaths

Magistrates are empowered to conduct inquest inquiries (BNSS Section 194) where death occurs in police or judicial custody, or in suspicious circumstances. The inquiry report forms the basis of further investigation and may lead to prosecution of police officers for custodial deaths. The NHRC (National Human Rights Commission) guidelines require reporting of custodial deaths within 24 hours and inquiry reports within 3 months.

“An inquiry is not a trial. It reaches no final verdict on guilt. Its purpose is to gather facts and determine whether the machinery of criminal justice should be set in full motion.”