1|Page

A PROJECT ON

POLICE REPORT A CRITICAL ANALYSIS

Submitted By
HARISH KUMAR SALAME
BA LLB (HONS)
Semester VII Batch XIII
SEC- B
Roll No. 55

Submitted To
Mr. PRAVESH UMAR RAJPUT
(Faculty: Criminal Procedure Code)

HIDAYATULLAH NATIONAL LAW UNIVERSITY

RAIPUR CHHATTISGARH

Submitted On 21st AUGUST 2017

2|Page

ACKNOWLEDGEMENT

First and foremost, I would like to thank my CrPc (Criminal Procedure Code) teacher Mr.
Pravesh Kumar Rajput, For offering this subject, POLICE REPORT A CRITICAL
ANALYSIS and for his valuable guidance and advice. He inspired me greatly to work in this
project. His willingness to motivate me contributed tremendously to my project. I also would
like to thank him for showing me some example that related to the topic of my project.

Besides, I would like to thank the Hidayatullah National Law University for providing me with
a good environment and facilities to complete this project.

Last but not least, I would like to thank all my friends who helped me do this project by sharing
their ideas when we combined and discussed together.

_____________________
HARISH KUMAR SALAME
Roll No. 55 Sec. B
3|Page

OBJECTIVE
This project seeks to trace the status of the Final report submitted by Police under Section
173 of the Code.
4|Page

Table of Contents

ACKNOWLEDEMENTS
OBJECTIVE

INTRODUCTION.................................................................................................................... 5
Concept of A Police Report ....................................................................................................... 6
CHAPTER-1 ............................................................................................................................. 7
AN INTRODUCTION TO POLICE REPORT ..................................................................... 7
CHAPTER-2 ............................................................................................................................. 8
THE POWER OF REINVESTIGATION - ANALYSED ................................................. 8
FINDINGS OF THE RESEARCH ............................................................................................ 9
SUGGESTIONS.10

CONCLUSION ...................................................................................................................... 11
REFERENCES...12
5|Page

INTRODUCTION

Art 21 of the Constitution guarantees fundamental right to life and personal liberty. This article
of Constitution has been interpreted by the Judiciary with widest amplitude so as to include
several other rights such as right to food and shelter, and other rights and most importantly the
right to fair trial which includes the right to fair investigation. In Anbaizhagans case, the apex
court observed that, if the criminal trial is not free and fair and not free from bias the judicial
fairness and the criminal justice system would be at stake, shaking the confidence of the public
in the system and woe would be the rule of law Trial should be fair to all concerned and denial
of fair trial is as much an injustice to the accused as is to the victim and the society. The right
to fair trial includes Fair Investigation, Fair trial and fair investigation are pre-requisites to
get justice which the parties deserve as per law, and one without the other cannot yield to fair
justice. A victim of a crime is entitled to fair investigation and if required the case can be
entrusted to a specialized agency like CBI and the courts have enough power to do complete
justice to the parties by giving appropriate directions.

The police has to be unbiased regarding the investigation and supposed to submit the report to
the Magistrate.
6|Page

Concept of A Police Report

The term report" has been defined to mean To give an account of, to relate, to tell, to convey
or disseminate information, communicate; deliver information; make an announcement; make
known; speak about, specify. It is a formal oral or written presentation of facts or a
recommendation for action. The expression police report" has been defined under the Code
of Criminal Procedure as meaning a report forwarded by a Police Officer to a Magistrate under
sub section (2) of Section 173 Simply stated, final report culminates the investigation process
in a formal recommendation for action. The report under Section 173 is a report on the results
of the investigation made under Chapter XIV, which means an investigation made under
Section 155 (2) or Section 156. The 'Police report' which Section 173 contemplates cannot
therefore be a report of a case in respect of which no investigation under Chapter XIV has taken
place or is possible. Police Report has been interpreted to mean a police report within the
meaning of Section 170 There are three different kinds of reports to be made by police officers
at three different stages of investigation. (1) Section 157 requires a preliminary report from
the officer in charge of a police station to the Magistrate. (2) Section 168 requires reports from
a subordinate police officer to the officer in charge of the station. These reports are known as
forwarding reports. (3) Section 173 requires a final report of the police officer as soon as
investigation is completed to the Magistrate. The report under Sub section (2) of Section 173
is called Completion Report also known as the Charge Sheet. Such a report is absolutely
necessary. The police charge sheet corresponds to the complaint of a private individual on
which criminal proceedings are initiated. When the charge sheet is sent, the preliminary stage
of investigation and preparation is over. The charge sheet is followed by the Final report. As
the name suggests, the Final report refers to that document which records the conclusion arrived
at by the Police after the investigation process. Final report is deemed to be final as it signifies
the culmination of investigation .Nevertheless Police has a statutory right to reinvestigate the
matter when some new information comes to light.
7|Page

CHAPTER-1
AN INTRODUCTION TO POLICE REPORT
The police report under Section 173 will contain the facts and conclusions drawn by police
there from. Section 173, Cr.P.C. places a mandatory duty upon the Investigating Officer to
place all detailed materials, both oral and documentary, before the Magistrate, so that he may
consider the same and decide for himself whether it is a fit case for taking cognizance or not.
However, Investigation of an offence cannot be considered to be inconclusive merely for the
reason that the investigating officer, when he submitted his report in terms of sub-section (2)
of S. 173 of the Code to the Magistrate, still awaited the reports of the experts or by some
chance, either inadvertently or by design, failed to append to the police report such documents
or the statements under S. 161 of the Code, although these were available with him when he
submitted the police report to the Magistrate. When an investigation culminates into a final
report as contemplated under Section 173 then the competent court enjoins a duty within its
authority sanctioned by law to scrupulously scrutinize the final report and the accompaniments
by applying its judicial mind and take a decision either to accept or reject the final reportIt is
to be noted here; however, that the practice of not accepting the charge sheet either on the
ground that the same was not submitted on the stipulated days as fixed for particular police
station or it was not accompanied by FSL Report is patently illegal. There is no question of
submitting interim charge sheet. Magistrate doesnt have power to call upon police to submit
charge sheet after final report under Section 173 (1) has been filed .At most he can ask police
to carry out further investigation under Section 156 (3) if not satisfied by final report. However,
merely because the Investigating Agency expresses an opinion in that report, that it is not a fit
case where cognizance should be taken by the Magistrate under Section 190, Cr.P.C. is by itself
no ground for drawing the inference that, that opinion alone must be taken into consideration
as final and the Magistrate must completely shut his eyes to all the rest of the details, which
have been embodied in the final report, as required under Section 173(a) to (g). Magistrate is
not bound by the conclusions of complaint. On receiving report under Section 173 of the Code,
which is a final report, Magistrate has full jurisdiction to differ with the conclusion of the Police
and direct that accused not named in the report sent up should be put on trial. This exercise of
jurisdiction must be in terms of Section 190(1) (b). The Magistrate has the power under Section
156(3) to direct further investigation which is clearly an independent power. Magistrate, even
after accepting the final report, can take cognizance of the offence upon a complaint or a protest
petition on same or similar allegations of fact. However, if there is no indication by the
informant that his protest petition may be treated as complaint and the Magistrate did not also
8|Page

consciously proceed as in a complaint case, mere filing of the protest petition would not make
it obligatory for the Magistrate to treat it as a complaint case.

CHAPTER-2
THE POWER OF REINVESTIGATION - ANALYSED

On receipt of final report it is open for the Magistrate under section 173(2) read with Section
169 from the police that there is no case for trial, to adopt the following courses under clause
(3) to Section 173 which are that he may agree with the report and file the proceedings. In case
of disagreement with report it is appropriate for the Magistrate to order further investigation
under section 156(3) if he is of the opinion that the investigation is unsatisfactory or
incomplete. He may otherwise form an opinion that the facts set out in the final report constitute
an offence and may take cognizance under Section 190 (1) (b). The appropriate course has to
be decided upon after consideration of the report and after application of mind by the
Magistrate. It has been pointed out that Further investigation in the offence is legally
permissible as contemplated by Section 173 (4) of the Criminal Procedure Code, the Counsel
appearing for the State when asked, represents that the investigation was not yet complete and
State would come to a definite conclusion as to the culpability of the appellant only on the
completion of investigation. Investigation into an offence was a statutory function of the police
and the superintendence thereof is vested in the State Government and the Court cannot in the
absence of any compelling and justifiable reason interfere with the investigation". In other
words there is a statutory right on the part of the Police to investigate the circumstances of an
alleged cognizable crime without requiring any authority from the Judicial Authorities and it
would be an unfortunate result, if it should be held possible to interfere with those statutory
rights.

However, the investigation can be reopened and a supplementary charge-sheet can be

submitted only on the basis of such materials which could not come to the knowledge of the
Investigating Officer during investigation and not as a routine affair. A subsequent charge sheet
could not be submitted without further investigation by the police and without obtaining further
evidence against the petitioners. Police has a right to further investigate when fresh information
9|Page

comes to light. Sub-section (8) of Section 173, Cr. P.C., it may be noted that it only lays down
a deeming provision. The law expects the discharge of duties by the Investigating Officer
properly resulting in a report under Section 173(2). It may only be in some exceptional case
where the Investigating Officer may have to collect some further evidence or materials and
submit it to the Magistrate along with his further report. Such an exceptional case will only
prove the general rule that normally investigation terminates with filing of the charge-sheet in
Court. In other words, the Investigating Officer believes and places reliance on the evidence
and material collected by him by then.

FINDINGS OF THE RESEARCH

1. At least 40 % of the cases are lost because of the faulty investigation.

2. Legal advisor is needed to be appointed in all police stations to help the investigating
officers. This helps the Police in collection of correct evidence and to not to waste the
time in collecting unwanted evidence or inadmissible evidence.
3. Regarding the recovery of stolen property the police officers had a problem of
admissibility of evidence if the identity of the goods is changed.
4. Most important cause for the delay is non cooperation of the public in general.
5. The crime scene is disturbed by the people generally by the time police reaches the
crime scene because of which crucial evidences like finger prints, hair follicles and
other things are lost.
6. Delay in forensic experts in sending the medical reports to the police leads to delay in
the submission of charge sheet.
10 | P a g e

SUGGETIONS
1. Appointment of a legal officer to assist the Investigation: A legal officer may be
appointed for all levels of the police to render advice and guidance on the legal aspects
of investigation to strengthen the utility of the documents collected by the Investigating
Officer.
2. Verification of the truth of FIR: At the outset the police officers present at the police
station should immediately register the complaint without probing into the falsity or
otherwise of the complaint. Suspecting the complainant should not become a stumbling
block in discovering reality. The falsity of the complaint is not to be tested or verified
by the police officers at the threshold of FIR lodging.
3. . Witnesses shall not be summoned by courts: According to sec 100 (5) panch witnesses
should not be summoned to the court and shall not put to unnecessary harassment.
Awareness about this provision shall be given to the public to encourage them to come
forward for being a witness
11 | P a g e

CONCLUSION

Finality of the Report submitted by Police under section 173 of Code of Criminal procedure
has been controversial ever since the Code was enacted. This project analyzed the courses
available to the Magistrate after the submission of final report. It has been seen that though the
final report is deemed to be final since it signifies the culmination of investigation, nevertheless
Police has a statutory right to reinvestigate the matter when some new information comes to
light. The Courts have leaned in favor of holding that judicial authorities should not interfere
with those rights. However, the Courts have also cautioned that reinvestigation cannot be
construed to be a routine affair. At the same time there are a series of judicial pronouncements
to the effect that Magistrate is not bound by the final report and he can validly differ from the
same. It can be concluded that the Code has tried to strike out a balance between the powers of
Police on the one hand and Criminal Courts on the other in the interest of justice.
12 | P a g e

REFERENCES

1. WEBSITE USED
https://www.lawteacher.net
Accessed on 17th August 2017
http://www.bprd.nic.in
Article by Pro. C. S. Chakraborty, accessed on 17th August 2017

2. BOOK USED

Lectures on Criminal Procedure, R. V. Kelkar, 6th edt. 2017