Chapter XII
Section 173 CrPC: Report of police officer on completion of investigation
New Law Update (2024)
Section 193 BNSS
TRIAL COURT
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(1A) The investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be completed within two months 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.
(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 376E of the Indian Penal Code.
(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, 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 proceeding or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall make a note to that effect on the part of the statement to which the reference relates and transmit the same to the Magistrate.
(7) Where the police officer is of opinion that the evidence is not sufficient to justify the forwarding of the accused to a Magistrate, the officer in charge of the police station shall, if the accused is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report and to try him or commit him for trial.
(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, 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 any such report or reports as they apply in relation to a report forwarded under sub-section (2).
Important Sub-Sections Explained
Section 173(2)
This sub-section mandates the police to submit a detailed report (often called a charge sheet or final report) to the Magistrate as soon as the investigation is complete, outlining key facts of the case, arrested persons, and evidence collected, enabling the court to take cognizance.
Section 173(8)
This powerful provision allows for further investigation by the police even after a report has been filed under sub-section (2). It ensures that justice is not hampered by an incomplete investigation, permitting the collection of new evidence and submission of supplementary reports to the Magistrate.
Landmark Judgements
Vinubhai Harishbhai Malaviya v. State of Gujarat (2019):
This Supreme Court judgment affirmed the power of the Magistrate to direct further investigation under Section 173(8) CrPC even after accepting a police report and taking cognizance, emphasizing its role in ensuring a fair trial and complete investigation.
Hasanbhai Valibhai Qureshi v. State of Gujarat (2004):
The Supreme Court reiterated that the power to order further investigation under Section 173(8) is available to the Magistrate even after filing of the charge sheet and taking cognizance, clarifying that it is a continuation of the initial investigation for a just trial.
Satish Kumar Sharma v. The State of U.P. (2020):
This case highlighted the right of the informant to be heard before accepting a final report (closure report) under Section 173 CrPC. It mandated that the informant has a right to file a protest petition and be heard by the Magistrate, ensuring the victim’s perspective is considered.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE, [City, State]
Criminal Misc. Application No. ________ of 20______
IN THE MATTER OF:
[Name of Applicant/Informant]
S/o D/o W/o [Father’s/Husband’s Name]
Aged about [Age] years,
R/o [Address]
… Applicant/Informant
VERSUS
The State of [State]
(Through Police Station [Name of Police Station], FIR No. [FIR No.] of [Year])
… Respondent
APPLICATION FOR FURTHER INVESTIGATION UNDER SECTION 173(8) OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the applicant/informant lodged an FIR bearing No. [FIR No.] of [Year] at Police Station [Name of Police Station] for the offences punishable under Sections [Relevant IPC Sections] against [Name(s) of Accused/Unknown Persons].
2. That pursuant to the said FIR, investigation was conducted by the police, and subsequently, a [Charge Sheet/Final Report] dated [Date of Report] was filed before this Hon’ble Court.
3. That the applicant/informant submits that the investigation conducted by the police is incomplete/defective/lacks vital evidence for the following reasons:
(a) [Specify Missing Evidence/Aspects of Investigation, e.g., “Crucial witnesses A and B have not been examined.”].
(b) [Specify Further Points, e.g., “The forensic report for Item X is still awaited/has not been considered.”].
(c) [Specify Further Points, e.g., “The involvement of other accused persons has not been properly investigated.”].
4. That the applicant/informant believes that unless further investigation is directed by this Hon’ble Court, grave injustice will be caused, and the true facts of the case will not come to light.
5. That the applicant/informant is ready and willing to assist the investigating agency in all possible ways for the purpose of further investigation.
6. That this application is being moved in good faith and in the interest of justice.
PRAYER:
It is, therefore, most humbly prayed that this Hon’ble Court may be pleased to:
(a) Direct the Investigating Officer, Police Station [Name of Police Station], to conduct further investigation into FIR No. [FIR No.] of [Year] and submit a supplementary report under Section 173(8) CrPC.
(b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Date: [Date]
Place: [Place]
(Signature of Applicant/Informant)
[Name of Applicant/Informant]
(Signature of Advocate for Applicant)
[Name of Advocate]
[Enrollment No.]
[Contact Details]