CrPC Section 158: Procedure for Submitting Reports – Explained
1. State the Code:
CrPC Section 158 deals with the procedure for submitting reports by police officers in criminal cases.
2. Explanation:
This section mandates that a police officer investigating a cognizable offense must submit a report to the Magistrate in charge of the area where the offense occurred. This report, known as the “Final Report,” contains details of the investigation, including:
- Findings of the investigation
- Evidence collected
- Statements recorded
- Whether the offense has been established or not
- Recommendations for further action
The report must be submitted within the time prescribed by the Magistrate or within a reasonable period.
3. Illustration:
Suppose a theft case is registered at a police station. The investigating officer conducts inquiries, collects evidence, and records statements of witnesses. After completing the investigation, the officer prepares a final report stating that the theft occurred, and identifies the accused. The officer also includes the evidence gathered and recommends further action, such as filing a charge sheet against the accused.
4. Common Questions & Answers:
Q1: What is the difference between a “Final Report” and a “Charge Sheet”?
A1: A “Final Report” is the police officer’s report on the investigation, while a “Charge Sheet” is a formal document filed in court, accusing a person of a crime. A Final Report may or may not lead to a Charge Sheet, depending on the findings of the investigation.
Q2: Can the police officer submit a “Final Report” without taking any action against the accused?
A2: Yes. If the investigation reveals that no offense was committed or there is no sufficient evidence to prosecute the accused, the police officer can submit a “Final Report” stating that no action is warranted.
Q3: What happens if the police officer fails to submit a report within the prescribed time?
A3: The Magistrate can take action against the police officer for delay, and can even direct the officer to submit the report within a specified time.
