An inquiry in which no discretion is to be used and no judgment to be formed, but something is to be done as a matter of a duty, is not a judicial but an administrative inquiry. Thus, proceedings before a Collector under the Land Acquisition Act are not judicial proceedings.
The following have been held to be judicial proceedings:
(i) Maintenance proceedings under Chapter IX of the Code;
(ii) An inquiry under the Legal Practitioners’ Act, 1879;
(iii) An inquiry by a Magistrate, before issuing an order under S. 144 of the Code;
(iv) Proceedings in execution of a decree.
On the other hand, the following have been held not to be judicial proceedings:
(a) An examination by a Police Officer under S. 161 of the Code;
(b) An order of the Government sanctioning a prosecution under S. 196 or S. 197 of the Code;
(c) A departmental inquiry by a District Registrar into a complaint made against a Sub-Registrar;
(d) Inquiries made by a Chief Judicial Magistrate on receipt of information that a grave crime was about to be committed.