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Showing contexts for: Investigation defination in Vinubhai Haribhai Malaviya vs The State Of Gujarat on 16 October, 2019Matching Fragments
“Inquiry” is defined in Section 2(g) as follows:
“inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court;
“Investigation” is defined in Section 2(h) as follows:
“investigation” includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.
13. The statutory scheme contained in the CrPC therefore puts “inquiry” and “trial” in water-tight compartments, as the very definition of “inquiry” demonstrates. “Investigation” is for the purpose of collecting evidence by a police officer, and otherwise by any person authorised by a Magistrate in this behalf, and also pertains to a stage before the trial commences. Investigation which ultimately leads to a police report under the CrPC is an investigation conducted by the police, and may be ordered in an inquiry made by the Magistrate himself in “complaint” cases.
25. Whereas it is true that Section 156(3) remains unchanged even after the 1973 Code has been brought into force, yet the 1973 Code has one very important addition, namely, Section 173(8), which did not exist under the 1898 Code. As we have noticed earlier in this judgment, Section 2(h) of the 1973 Criminal Procedure Code defines “investigation” in the same terms as the earlier definition contained in Section 2(l) of the 1898 Criminal Procedure Code with this difference – that “investigation” after the 1973 Code has come into force will now include all the proceedings under the CrPC for collection of evidence conducted by a police officer. “All” would clearly include proceedings under Section 173(8) as well. Thus, when Section 156(3) states that a Magistrate empowered under Section 190 may order “such an investigation”, such Magistrate may also order further investigation under Section 173(8), regard being had to the definition of “investigation” contained in Section 2(h).