PROVISIONS OF THE CRIMINAL PROCEDURE CODE, 1973 RELATING TO FILING OF FINAL REPORT AND TIME FRAME IN THIS REGARD

 

PROVISIONS OF THE CRIMINAL PROCEDURE CODE, 1973 RELATING TO FILING OF FINAL REPORT AND TIME FRAME IN THIS REGARD

 

Section 173 of CrPC reads as follows:

1.  Every investigation under this chapter shall be completed without unnecessary delay.

2.  [1] 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 name of the parties.

b.  The nature of the information

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

[2] 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, in 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 – section [2] to [6] shall as far as may be, apply in relation to a report forwarded under sub – section [2]

·        There are three different kinds of reports to be made by police officers at three different stages of investigation.[1] section 157 requires a preliminary report from the officer – in – charge of a police station to the Magistrate. [2] Section 168 requires reports from a subordinate police –officer to the officer – in –charge of the station [3] Section 173 requires a final report of the police officer as soon as investigation is completed to the Magistrate.

·        Is there any time in this regard: Section 173[1] Every investigation under this chapter shall be completed without unnecessary delay.