Section 173 of Crpc talks about Report of police officer on completion of investigation. 173 crpc talks about the report which is made while doing investigation. So lets discuss in detail about 173 Crpc.
Final Report or Police Report
The expression “police report” has been defined as “a report forwarded by a police officer to a magistrate under Section 173(2) of the Code”. It is the report forwarded by the police to a magistrate in the prescribed form containing the particulars required by clauses (a) to (g) of Section 173(2) after completion of investigation.
WHEN INVESTIGATION IS COMPLETED– UNDER SECTION 173 CRPC
Investigation should be completed without delay
“Section 173(1)” lays down that every investigation must be completed without unnecessary delay,Slackness or inordinate delay on the part of the investigating agency may result in the disappearance of material evidence which might otherwise be available and may prevent effective detection of the crime. It may also result into unnecessary detention of the accused in custody.
When there is no sufficient evidence –under section 173 of crpc
If it appears to the officer-in-charge of the police station that there is no sufficient evidence or reasonable ground of suspicion to justify forwarding of the accused to a magistrate, he shall release the accused on his executing a bond with or without sureties as such officer may direct to appear before a magistrate if required. This is called the “final report on”.
When there is sufficient evidence
If, on the other hand, it appears to the officer-in-charge of the police station that there is sufficient evidence or reasonable ground of suspicion for trial of the accused, such officer shall send the accused under custody to a magistrate. If the offence is bailable and the accused gives security, such officer shall take security from him for his appearance before a magistrate as and when required. He will also send to a magistrate any weapon or other article which it may be necessary to produce.
Submission of “charge-sheet”
As soon as investigation is completed, the officer-in-charge of a police station shall forward a report to a magistrate empowered to take cognizance of the offence on a police report in the form prescribed by the State Government stating.
- the name of parties;
- the nature of information;
- the names of persons appear to be acquainted with the circumstances of the case; (iv) whether any offence appears to have been committed and, if 80. by whom;
- whether the accused has been arrested;
- whether he has been released on his bond and, if so, whether with or without sureties; and
- whether he has been forwarded in custody under Section 170. He shall also communicate to the informant the action taken by him.
when there is sufficient evidence for sending the accused for trial, the police officer shall send 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; and (b) the statements recorded under Section l73 crpc of all persons whom the prosecution proposes to examine as its witnesses, unless such statement is not relevant to the subject matter of the proceedings or its disclosure is not essential in the interests of justice and is inexpedient m the public interest.
173 Crpc provides for the final report after completion of the investigation. It is also known as “Completion report”, “Challan” and popularly described as “Chargesheet” Different types of reports are submitted by police officers at different stages of 1nvestigation to a magistrate (1) Preliminary report under Section 157 from officer-in-charge of a police station; (2) Interim report under Section 170 by the officer-in-charge of the police station to the magistrate when evidence is sufficient; (3) Final report under Section 173 by the officer-in-charge of the police station to the magistrate when the investigation is completed.
A report under Section 173 Crpc by the officer-incharge of the police station on completion of investigation is the final step and it will include his opinion as to the result of Investigation. On receipt of the final report under Section 173(2) read with Section 169 from the police that there 155 no case for trial, the following courses are open to the magistrate under Section 173(3):
- He may agree with the report and file the proceedings;
- He may disagree with the report and may:
- order further investigation under Section 156(3) if he is of the opinion that the investigation is unsatisfactory or incomplete; or
- form an opinion that the facts set out in the final report constitutes an offence and may take cognizance under Section 190(1)(b)
The appropriate course has to be decided upon after consideration of the report and after application of mind by the magistrate.
Sub-section (8) of Section 173 crpc empowers the police to make further investigation. It enacts that even after submission of the final report under Section 173(2), the police officer-in-charge of the police station may make further investigation if after submission of the report, he has received further evidence, oral or documentary.
Normally, investigation comes to an end after submission of the report under Section 173(2), It may, however, happen that after submission of the report under Section 173(2), it comes to the knowledge of the investigating officer that some material evidence bearing on the guilt or innocence of the accused had been overlooked.
It would be in the interest of justice to allow further investigation and prepare supplementary report on the basis of further investigation.
The investigating officer may himself even suo mom submit supplemental charge-sheet if he subsequently becomes aware of certain facts.
This power however, cannot be exercised to fill in lacuna 1n the prosecution case and if the magistrate accepts the report under Section 173(2) and discharges the accused, he cannot direct the police to make further investigation against him.
The distinction between “further investigation” and “fresh investigation” or “re-investigation” must always be kept in view.
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What is section 173 Crpc?
Section 173 crpc talks about Report of police on completion of investigation: (1) As soon as the investigation is completed a report which is commonly called as “charge-sheet” or “challan” is to be submitted to the magistrate having jurisdiction. The necessity of completing the investigation expeditiously is emphasized by giving a general direction that every investigation shall be completed without unnecessary delay –Section 173(1).
As soon as the investigation 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 (i) the names of the parties; (ii) the nature of the information; (iii) the names of the persons who appear to be acquainted with the circumstances of the case; (iv) whether any offence appears to have been committed and if so, by whom; (v) whether the accused has been arrested; (vi) whether he has been released on his bond and, if so, whether with or without sureties; (vii) whether he has been forwarded in custody under Section 170 [Section l73(2)(i)].
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