CrPC Section 173 — Report of police officer on completion of investigation

CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

General

Summary

Sub-section (1) says every investigation under this Chapter must be completed without unnecessary delay.

Sub-section (1A) refers to an investigation concerning an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E. It states that the investigation is “from the date” when the police station officer in charge records the information.

Under sub-section (2)(i), as soon as the investigation is complete, the officer in charge of the police station must send a report in the form prescribed by the State Government to a Magistrate empowered to take cognizance of the offence on a police report. The report must state: (a) the parties’ names; (b) the nature of the information; (c) the names of people who appear to know the circumstances of the case; (d) whether an offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been released on a bond and, if so, whether it is with or without sureties; (g) whether the accused has been sent in custody under section 170; and (h) whether the woman’s medical examination report is attached when the investigation concerns an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA or 376DB, or section 376E of the Indian Penal Code.

Under sub-section (2)(ii), the officer must communicate the action taken, in the manner prescribed by the State Government, to the person, if any, who first gave information about the offence.

Sub-section (3) says that if a superior police officer has been appointed under section 158, the report must be submitted through that officer when the State Government so directs by a general or special order. While awaiting the Magistrate’s orders, the superior officer may direct the officer in charge of the police station to investigate further.

Sub-section (4) says that if the report shows that the accused has been released on a bond, the Magistrate must make whatever order about discharging the bond, or otherwise, the Magistrate thinks fit.

Under sub-section (5), when the report concerns a case to which section 170 applies, the police officer must send the Magistrate, along with the report: (a) documents, or relevant extracts, on which the prosecution proposes to rely, except those already sent to the Magistrate during the investigation; and (b) the section 161 statements of all people the prosecution proposes to call as witnesses.

Sub-section (6) says that if the police officer considers any part of a statement irrelevant to the proceedings, or considers disclosure to the accused not essential in the interests of justice and inexpedient in the public interest, the officer must identify that part and add a note asking the Magistrate to exclude it from the copies given to the accused, with the reasons for the request.

Sub-section (7) says that, when the investigating police officer finds it convenient, the officer may give the accused copies of all or any of the documents referred to in sub-section (5).

Sub-section (8) says that this section does not prevent further investigation after a report under sub-section (2) has been sent to the Magistrate. If that investigation produces further oral or documentary evidence, the officer in charge of the police station must send the Magistrate a further report or reports in the prescribed form. Sub-sections (2) to (6) apply to those further reports as far as they can.

Official Text

(1) Every investigation under this Chapter shall be completed without unnecessary delay. 2[

(1A) The investigation in relation to 3[an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E] from the date on which the information was recorded by the officer in charge of the police station.]

(2)

(i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed 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. 1[

(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under 2[ sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860)].]

(ii) 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.

(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.

(4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

(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).

(8) Nothing in this section 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-sections

(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).

CrPC Section 173 — Report of police officer on completion of investigation

Summary

Official Text

Sections referred to

Referred to by

Related Judgments

Old <-> New Code Mapping