Police to submit final report u/s 172(3) CrPC
In every criminal case, on completion of the police investigation, the Investigation Officer of the Police Department has to file a final Police Report, under Section 173(2) of the Code of Criminal Procedure, 1973 (CrPC).
Police investigation starts with what we call First Information Statement (FIS) by some informant, then comes First Information Report (FIR) to be filed before the Magistrate by the Investigation Officer, and ends with submission of final Police Report. The report will make a suggestion to the Magistrate whether to proceed against the accused or not.
What all the police must include in the report?
The final police report must mandatorily contain the following items of information:
- the names of the parties
- the nature of the information
- the names of the persons who appear to have acquainted with the circumstances of the case
- whether any offence appears to have been committed and, if so, by whom;
- whether the accused has been arrested
- whether he has been released on his bond and, if so, whether with or without sureties
- whether the accused has been forwarded to custody under Section 170
- 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 376E of the Indian Penal Code.
Investigation ends with the Police Report
Submission of Police Report is the end of the investigation. It is based on the facts available in the report that the Police Officer forms his opinion as to whether there is sufficient evidence or reasonable ground to justify forwarding of the accused before the Magistrate for his trial in the case.
The Police Report should contain not only the facts and circumstances against the accused but those in favour of him, as well. It should be a factual report based on which we build our edifice of prosecution in a criminal case.
Report to be submitted through superior Officer
Where a superior officer of the police has been appointed under Section 158 of CrPC, the final Police Report shall be submitted through that officer, if the government so directs. The superior Officer can order the SHO to conduct further investigation under Section 173(8) of the CrPC, if necessary.
Further investigation can be conducted even if the police report is still pending.
Police to submit al documents along with the report
When enough evidence is there for prosecution of the accused, the Police Officer should send along with the report, all documents or relevant extracts which the prosecution proposes to rely on (other than those already send to the Magistrate), and the statements recorded, under Section 161 of the CrPC, of all persons whom the prosecution proposes to examine as its witness.
Police can request for non-disclosure of some statements
If the police officer is of the opinion that any part of such statement is not relevant to the subject matter of the proceedings, or that its disclosure to the accused is not essential in the interest of the justice, 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 a request.
SC says failure to include details to be viewed seriously
The Supreme Court (SC), in Dablu Kujur v State of Jharghand on 12th March 2024, directed that the police officers filing the police report/chargesheet to the magistrate as per the State Police Manual, shall include all the mandatory details required to be included under Section 173 (2) of Code of Criminal Procedure (CrPC) in in it and asked the concerned Magistrate to view any failure of it.
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