CrPC Section 218
Section 218 CrPC — Power to Reopen Investigation
Text of Section 218 CrPC:
"Where, at any time after the submission of the report by a police officer or other person, information comes to the Magistrate that some further investigation is necessary, the Magistrate may direct such investigation to be made and the police officer or other person making the same shall proceed accordingly."
Explanation and Breakdown:
1. Purpose of Section 218
This section gives the Magistrate the authority to order further investigation even after the police have submitted their investigation report (like a charge sheet or closure report).
This ensures that if the Magistrate feels the police investigation was incomplete or new facts have come to light, further inquiry can be made.
2. When is Section 218 Invoked?
After the police submit their investigation report to the Magistrate.
If the Magistrate receives new information or evidence suggesting that more investigation is required.
For example, if witnesses come forward after the police report is filed or if the Magistrate suspects the investigation is incomplete.
3. Procedure Under Section 218
The Magistrate examines the police report and evidence.
If satisfied that further investigation is needed, the Magistrate orders the police to continue investigation on specific points.
The police then resume investigation and submit a further report to the Magistrate.
4. Importance of Section 218
It safeguards against inadequate or hasty investigations.
Ensures that justice is served by a thorough inquiry.
Allows the Magistrate to exercise control over the investigation process.
5. Summary Table
| Aspect | Details |
|---|---|
| Purpose | Magistrate can order further investigation |
| When invoked | After police submit investigation report |
| Who orders further inquiry | Magistrate |
| Police role | Must comply and proceed with further investigation |
| Outcome | Additional investigation and report |
6. Example:
Police submit a charge sheet in a theft case.
Later, a witness who was previously unavailable comes forward.
The Magistrate orders the police to investigate this new lead under Section 218.
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