Report of Police Officer on Completion of Investigation

Introduction

Section 173 of the Criminal Procedure Code, 1973(CrPC) deals with the report of police officer on completion of investigation which is considered as a final report and should be submitted as soon as the police investigation is completed.

• This section is applicable to both investigation of cognizable as well as non-cognizable cases.

Section 173 of CrPC

• According to Section 173 (1), there is no upper limit to complete the investigation, but it shall be completed without unnecessary delay.
  • The investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code, 1860(IPC) shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
• On completion of investigation, the police officer shall forward a police report to the Magistrate and this report should be in the form prescribed under Section 173(2)(i) by the State Government, stating-

(a) The names of the parties.

(b) The nature of the information.

(c) The names of the persons who appear to be acquainted with the circumstances of the case.

(d) Whether any offence appears to have been committed and, if so, by whom.

(e) Whether the accused has been arrested.

(f) Whether he has been released on his bond and, if so, whether with or without sureties.

(g) Whether he has been forwarded in custody under Section 170.

(h) Whether the report of medical examination of the woman has been attached where investigation relates to an offence under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or section 376E of the IPC.

• The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.
• Section 173(3) empowers a superior police officer to direct the Station house officer (officer-in-charge of a police Station) to make further investigation.
• According to 173(4), the Magistrate is not bound by the police report.
  • If the Magistrate is satisfied with the closure report and decides not to take cognizance then, he will discharge the bond which means he will cancel the bond.
  • If he is not satisfied with the closure report and decides to take cognizance, then he will summon the accused on the basis of that bond.
• Under Section 173 (5), the police officer is under a duty to forward to Magistrate along with his report:
  • All documents and relevant extracts.
  • The statements are recorded under Section 161.
• Section 173(6) stated that if the police officer thinks that some portion of any such statement is not relevant or is related to national security or public interest, then such police officer will request to the Magistrate exclude that part from the copies, which will be given the accused.
• The police officer will also indicate the Magistrate the statements or part there of which should not be disclosed to the accused in the interest of justice along with the reasons thereof. But the Magistrate is not bound by the police officer’s opinion as it is his discretion to remove or not that portion from that copy which is to be given to the accused.
• As per Section 173(7), where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).
• The report submitted under Sub-Section (8) is called Deferred Charge Sheet. It is a police report which is filed under Sub-Section (8) after filing the first final report under sub-Section (2).
• Sub-Section (8) provides that nothing in Section 173 shall be deemed to preclude further investigation in respect of an offence after a report under Sub-section (2) has been forwarded to the Magistrate and where upon such investigation, the officer-in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-section (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).

Police Report

• Police Report means a formal charge, sheet or challan containing accusations of a cognizable offence, submitted by police officer, after investigation.
• A challan, not making any accusation of a cognizable offence but mentioning that there is no case against the person, is not a police report.

Case Law:

• In Satish Kumar Nyalchand Shah v. State of Gujarat, (2020), the Supreme Court has reiterated that, Court is not obliged to hear the accused before any direction for further investigation is made under Section 173(8) of the Code.