CrPC Section 173: Police Report on Completion of Investigation

This section of the Code of Criminal Procedure (CrPC) deals with the submission of a police report upon completion of an investigation.

1. Code

Section 173. Police report on completion of investigation.

(1) When an investigation under this Chapter is completed, the officer in charge of the police station shall forward to the Magistrate the police report, together with all documents and things seized in connection with the case, and a list of the witnesses examined.

(2) The police report shall contain—

(a) a brief account of the circumstances of the case as disclosed by the investigation;

(b) the names and addresses of the persons who have been arrested, and the particulars of the offences alleged against them;

(c) a list of the witnesses examined, together with a summary of the evidence given by each witness;

(d) the opinion of the officer in charge of the police station as to whether or not the accused should be prosecuted; and

(e) the reasons for the opinion.

(3) The Magistrate may, if he thinks fit, examine the accused and any other person who may be able to give evidence relevant to the case.

(4) After considering the police report and any evidence that he may have recorded, the Magistrate shall decide whether or not to take cognizance of the offence.

(5) If the Magistrate decides to take cognizance of the offence, he shall issue process for the appearance of the accused.

(6) If the Magistrate decides not to take cognizance of the offence, he shall record his reasons for doing so.

2. Explanation

This section mandates the police to submit a report upon completing their investigation into a crime. This report, known as the Final Report (FIR), contains various details. The police officer in charge must include the circumstances of the case, the names of the accused and their alleged offenses, a list of witnesses and their statements, their opinion on prosecution, and the reasons for their opinion. The Magistrate then reviews the report and decides whether to take cognizance of the crime, thus initiating criminal proceedings.

3. Illustration

Imagine a theft case. The police investigate, gather evidence, and record witness statements. They then submit a Final Report. It will include the details of the theft, the suspect’s name, a list of witnesses and their statements, and the police officer’s opinion on whether to pursue charges. The Magistrate then reviews this report and decides to either initiate a trial or dismiss the case based on the evidence provided.

4. Common Questions and Answers

• Q: What happens if the police officer believes the accused should not be prosecuted?
• A: The officer must still submit a report, stating their opinion and the reasons behind it. The Magistrate then decides based on the entire report.
• Q: Can the Magistrate reject the police’s recommendation?
• A: Yes, the Magistrate has the final say and can take cognizance of the offense even if the police officer does not recommend prosecution.
• Q: What are the consequences of a false report?
• A: Filing a false report can lead to criminal charges against the police officer.