Section 173 CrPC: Report of police officer on completion of investigation

What Section 173 CrPC Says

173. Report of police officer on completion of investigation

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(1A) The investigation in relation to an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.

(2) (i) As soon as it is completed, the officer in charge of the police station shall 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, 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) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

(3) Where a superior officer of police has been appointed under section 158, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.

(4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).

(8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).

Source: Section 173, Code of Criminal Procedure, 1973

Section 173 CrPC in Simple Words

When Section 173 CrPC Applies

• Upon completion of the investigation, the officer in charge of the police station shall under Section 173(2) of the Code of Criminal Procedure, 1973 forward a report in the State Government's prescribed form to a Magistrate empowered to take cognizance of the offence on a police report and shall communicate the action taken to the person who first gave the information.
• Where a superior officer of police is appointed under Section 158 CrPC and the State Government by general or special order so directs, the report under Section 173(3) CrPC shall be submitted through that officer, who may direct the officer in charge of the police station to make further investigation.
• Whenever it appears from a report forwarded under Section 173(4) CrPC that the accused has been released on his bond, the Magistrate shall make such order for the discharge of that bond or otherwise as he thinks fit.
• When the report relates to a case to which Section 170 CrPC applies, the police officer shall under Section 173(5) CrPC forward with the report all unforwarded documents or relevant extracts on which the prosecution proposes to rely and the Section 161 CrPC statements of all proposed prosecution witnesses, and under Section 173(7) CrPC may furnish copies of all or any of them to the accused if he finds it convenient so to do.
• If the police officer is of opinion under Section 173(6) CrPC that any part of a witness statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part and append a note with his reasons requesting the Magistrate to exclude it from the copies granted to the accused.
• After a report under Section 173(2) CrPC has been forwarded to the Magistrate, Section 173(8) CrPC does not preclude further investigation in respect of the offence, and if the officer in charge of the police station obtains further oral or documentary evidence, he shall forward a further report or reports in the prescribed form to the Magistrate.

Time Limits Under Section 173 CrPC

• Every police investigation covered by Section 173(1) of the Code of Criminal Procedure, 1973 shall be completed without unnecessary delay.Act text: “Every investigation under this Chapter shall be completed without unnecessary delay.”
• An investigation in relation to an offence under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code shall under Section 173(1A) CrPC be completed within two months from the date on which the information was recorded by the officer in charge of the police station.Act text: “shall be completed within two months from the date on which the information was recorded”
• As soon as the investigation is completed, the officer in charge of the police station shall under Section 173(2)(i) CrPC forward the police report to a Magistrate empowered to take cognizance of the offence on a police report.Act text: “As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate”
• A superior officer of police through whom the report is submitted under Section 173(3) CrPC may direct the officer in charge of the police station to make further investigation pending the orders of the Magistrate.Act text: “he may, pending the orders of the Magistrate, direct the officer in charge of the police station”

Example of Section 173 CrPC

When Section 173 CrPC Does Not Apply

• The two-month period to complete an investigation under Section 173(1A) of the Code of Criminal Procedure, 1973 does not apply where the investigation is not in relation to an offence under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code.
• The requirement under Section 173(3) CrPC to submit the report through a superior officer of police does not apply where no superior officer of police has been appointed under Section 158 CrPC or where the State Government has not by general or special order so directed.
• The duty under Section 173(5) CrPC to forward relied-upon prosecution documents and Section 161 CrPC witness statements along with the report does not apply when the report is not in respect of a case to which Section 170 CrPC applies.
• A police officer cannot request the Magistrate under Section 173(6) CrPC to exclude a part of a witness statement from the copies granted to the accused unless the police officer is of opinion that the part is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest.

Chargesheet Under BNSS 193: What Changed

FAQs on Section 173 CrPC

Sections Related to Section 173 CrPC