CrPC Section 173
Criminal Procedure Code (CrPC) – Section 173: Report of Police Officer on Completion of Investigation
Section 173 of the Criminal Procedure Code (CrPC) deals with the final step of police investigation — submitting the police report (also called a charge sheet or closure report) to the Magistrate after completing the investigation of a cognizable or non-cognizable offence.
Purpose:
The purpose of Section 173 is to ensure that the investigating officer submits a comprehensive and timely report to the Magistrate, so that the court can decide whether to take cognizance of the offence, initiate a trial, or close the case.
Key Provisions of Section 173:
1. Completion of Investigation (Sub-section 1):
As soon as the investigation is completed, the officer in charge must forward a report in writing to the Magistrate.
The report should be complete, fair, and based on facts discovered during the investigation.
2. Contents of the Police Report (Sub-section 2):
The report must contain the following:
Names of the parties,
Nature of the information,
Names of the persons acquainted with the case facts,
Details of whether any offence appears to have been committed,
Whether any accused has been arrested,
Whether any accused has been released on bond or bail,
Whether any action has been taken against the accused under Section 170 (i.e., sending him to the Magistrate if evidence is sufficient).
3. Further Investigation (Sub-section 8):
Even after submitting the final report, the police may carry out further investigation with the Magistrate’s permission.
The results of such further investigation must also be submitted to the Magistrate through a supplementary report.
4. Timely Submission:
The section emphasizes that investigation should be completed without unnecessary delay, especially in cases involving women and children.
Types of Reports Under Section 173:
Charge Sheet:
Filed when police find sufficient evidence to prosecute the accused.
Closure Report:
Filed when no evidence is found or no offence appears to have been committed.
Legal Rights of the Complainant:
In case a closure report is filed, the complainant has the right to:
Protest against the report,
File a protest petition,
Request the court to take cognizance of the offence based on available material.
Importance of Section 173:
Marks the end of police investigation and the beginning of judicial proceedings.
Ensures transparency and accountability in police investigations.
Allows the court to decide whether there is sufficient ground to proceed to trial.
Protects the rights of the accused and the victim by documenting the investigation thoroughly.
Practical Example:
After investigating a theft case, the police prepare a charge sheet listing the evidence, the accused, and witnesses. This is submitted to the Magistrate under Section 173(2). If later, new evidence is found, a supplementary charge sheet is filed under Section 173(8).
Conclusion:
Section 173 CrPC is a cornerstone of the Indian criminal justice process. It governs the final outcome of police investigations and ensures that the Magistrate has all necessary facts to either take cognizance, order further investigation, or close the case. It balances the interests of justice, fairness, and procedural efficiency.
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