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Synopsis

In an important judgment, the Supreme Court has on March 12, 2024 directed in charge of police stations across the country to strictly comply with the provisions of Section 173 (2) of the Criminal Procedure Code in filing charge sheet and report in criminal investigations.

According to this section, as soon as an investigation is completed, the officer-in-charge of the police station is mandated to 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 with material particulars listed out according to law.

A bench of Justices Bela M Trivedi and Pankaj Mithal elaborately dealt with the various aspects involved in the provision, saying the police report submitted by the police under Section 173(2) is an important piece of document from the view point of the prosecution, the defence and the court.

"We are of the opinion that it is incumbent on the part of the Investigating Officer to strictly comply with the requirements of the said provisions, as non compliance thereof gives rise to many legal issues in the court of law," the bench said.

The court warned that non-compliance shall be strictly viewed by the concerned courts in which the police reports are submitted.

"We have found that the investigating officers while submitting the chargesheet/Police Report do not comply with the requirements of the said provision. Though it is true that the form of the report to be submitted under Section 173(2) has to be prescribed by the State Government and each State Government has its own Police Manual to be followed by the police officers while discharging their duty, the mandatory requirements required to be complied with by such officers in the Police Report/Chargesheet are laid down in Section 173, more particularly sub-section (2) thereof," the bench pointed out.

The court said there are various reports required to be submitted by the police in charge of the police station before, during and after the investigation as contemplated in Chapter XII of CrPC, it is only the report forwarded by the police officer to the Magistrate under sub-section (2) of Section 173 of CrPC that can form the basis for the competent court for taking cognizance thereupon. 

"A chargesheet is nothing but a final report of the police officer under Section 173(2) of CrPC. It is an opinion or intimation of the investigating officer to the concerned court that on the material collected during the course of investigation, an offence appears to have been committed by the particular person or persons, or that no offence appears to have been committed," the bench said.

Declining bail to Dablu Kujur in a murder case as the trial was at the fag end, the court noted the charge sheet filed by the Jharkhand police in the case was filed bereft of details and particulars.

On July 17, 2023, the court sought affidavits from DGPs after noting similar chargesheets bereft of details and particulars are being filed in the States of Bihar and Uttar Pradesh.

After examining their response and the provisions of the law, the bench said ergo, having regard to the provisions contained in Section 173 it is hereby directed that the report of police officer on the completion of investigation shall contain the following: -

(i) A report in the form prescribed by the State Government 

stating-

(a) the names of the parties;

(b) the nature of the information;

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

(h) Whether the report of medical examination of the woman has been attached where investigation relates to an offence under [sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860)”

(ii) If upon the completion of investigation, there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, the Police officer in charge shall clearly state in the Report about the compliance of Section 169 CrPC.

(iii) When the report in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report, all the documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; and the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses. 

(iv) In case of further investigation, the Police officer in charge shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed and shall also comply with the details mentioned in the above sub para (i) to (iii).

The court directed that a copy of this order be sent to all the Chief Secretaries of the States/UTs as also to Registrar Generals of the High Courts for perusal and compliance.