Inquiry
Also called: Enquiry
Under Section 2(1)(k) of the BNSS, every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court.
Explained
Section 2(1)(k) of the BNSS defines inquiry as every inquiry, other than a trial, conducted under the Sanhita by a Magistrate or Court. It repeats Section 2(g) of the CrPC, the definition earlier in force. Two elements carry the definition: the proceeding is conducted by a Magistrate or Court, and it is not a trial.
The term is best understood against its neighbours. Investigation, under Section 2(1)(l) of the BNSS, includes all proceedings for the collection of evidence conducted by a police officer or by a person, other than a Magistrate, authorised by a Magistrate. Trial is not defined, but it is the stage at which the guilt or innocence of the accused is decided and which ends in conviction or acquittal. An inquiry is conducted by a judicial or executive Magistrate or a Court, yet it does not end in a finding of guilt.
The BNSS provides for many inquiries. A Magistrate who receives a complaint may postpone the issue of process and inquire into the case himself under Section 225. In proceedings for security for keeping the peace or for good behaviour, the Magistrate inquires into the truth of the information under Section 135. Proceedings concerning public nuisances and disputes about immovable property likely to cause a breach of the peace also involve inquiries. Where evidence is or may be legally taken on oath, the inquiry is also a judicial proceeding under Section 2(1)(m).
Examiners test the definition through contrasts. A preliminary enquiry by the officer in charge of a police station under Section 173(3) of the BNSS, permitted for cognizable offences punishable with three years or more but less than seven years, is not an inquiry in the defined sense, because a police officer is neither a Magistrate nor a Court. Questions also match inquiry against investigation, trial and judicial proceeding, and ask which body conducts each.
What the law says
(k) “inquiry” means every inquiry, other than a trial, conducted under this Sanhita by a Magistrate or Court;
Clause (k) defines inquiry; clauses (l) and (m) define investigation and judicial proceeding
Earlier law: CRPC 2. Definitions.
(2) In an inquiry under sub-section (1), the Magistrate may, if he thinks fit, take evidence of witnesses on oath:
Provided that if it appears to the Magistrate that the offence complained of is triable exclusively by the Court of Session, he shall call upon the complainant to produce all his witnesses and examine them on oath.
(3) If an investigation under sub-section (1) is made by a person not being a police officer, he shall have for that investigation all the powers conferred by this Sanhita on an officer in charge of a police station except the power to arrest without warrant.
Magistrate may inquire into a complaint before issuing process
Earlier law: CRPC 202. Postponement of issue of process.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded:
Provided that—
Inquiry into the truth of information in security proceedings
Earlier law: CRPC 116. Inquiry as to truth of information.
(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or
(ii) proceed with investigation when there exists a prima facie case.
(4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate.
Sub-section (3) permits a police preliminary enquiry, which is not a judicial inquiry
Earlier law: CRPC 154. Information in cognizable cases.
Earlier law: Section 2, CrPC
Example
For example, when a Magistrate receiving a private complaint examines witnesses under Section 225 of the BNSS to decide whether to issue process, he is holding an inquiry, not a trial.
For the exam
- BNSS Section 2(1)(k): every inquiry other than a trial, by a Magistrate or Court (earlier Section 2(g) CrPC).
- Investigation under Section 2(1)(l) is by police or a person other than a Magistrate authorised by a Magistrate.
- An inquiry does not end in conviction or acquittal; a trial does.
- A police preliminary enquiry under Section 173(3) BNSS is not an inquiry within Section 2(1)(k).
1,016 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Related terms
- InvestigationAll proceedings under the BNSS for the collection of evidence by a police officer, or by a person other than a Magistrate authorised by a Magistrate.
- Judicial proceedingUnder Section 2(1)(m) of the BNSS, any proceeding in the course of which evidence is or may be legally taken on oath.
- ComplaintUnder Section 2(1)(h) of the BNSS, an oral or written allegation to a Magistrate, made so that he acts under the Sanhita, that some person, known or unknown, has committed an offence. A police report is excluded.
- Police reportThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
- ChargeThe formal written statement of the offence an accused is to be tried for, with particulars of time, place, person and manner, so that he knows exactly what case he must meet.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.