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 months1 from the date on which the information was recorded by the officer in charge of the police station. - 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- the names of the parties; the nature of the information; the names of the persons who appear to be 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 he has been forwarded in 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. 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 whom the information relating to the commission of the offence was first given. 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. 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. 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- all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witnesses. If the police officer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceeding 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. 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). 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). 1 Criminal Law (Amendment) Act, 2018
Code of Criminal Procedure, 1973
Section 173
Report of police officer on completion of investigation
⚡ Quick Answer Reference: Section 173 CrPC
- Provision: Section 173 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section requires police to complete investigations without delay and submit a report to a magistrate, including details of the case and any evidence found.
What does Section 173 of CrPC say?
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What does Section 173 of CrPC mean?
Plain English Explanation
This section requires police to complete investigations without delay and submit a report to a magistrate, including details of the case and any evidence found.
Practical Interpretation
In practice, this section ensures that police investigations are conducted efficiently and that magistrates are informed of the progress and outcome of these investigations.
Core Legal Purpose
The core purpose of this section is to regulate the investigation process, ensuring it is completed in a timely manner and that the magistrate is provided with a comprehensive report to facilitate further legal proceedings.
- •The investigation must be completed without unnecessary delay.
- •A report must be forwarded to a magistrate empowered to take cognizance of the offence.
- •The report must include specific details such as the names of parties, nature of information, and evidence found.
- •The police officer may be directed to make further investigation by a superior officer or the magistrate.
Practical Example of Section 173 CrPC
For instance, if Rajesh files a complaint against Amit for an offence under Section 376 of the Indian Penal Code, the police must complete the investigation within two months and submit a report to the magistrate, including the medical examination report of the victim, if any. The magistrate can then decide on further action based on the report.
Frequently Asked Questions about Section 173 CrPC
Q: What is the punishment or consequence under Section 173 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the police and their investigation procedures, not directly to private individuals or public entities, although it may indirectly affect them as part of an investigation.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the bailability or cognizability of offences; it pertains to the procedure of police investigation and reporting.
Common Questions about Section 173 CrPC
What is Section 173 of CrPC?
Section 173 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Report of police officer on completion of investigation". In plain terms: This section requires police to complete investigations without delay and submit a report to a magistrate, including details of the case and any evidence found.
What is the punishment under Section 173 of CrPC?
Section 173 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 173 of CrPC bailable or non-bailable?
Whether Section 173 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 173 of CrPC?
The essential elements of Section 173 of CrPC are: The investigation must be completed without unnecessary delay.; A report must be forwarded to a magistrate empowered to take cognizance of the offence.; The report must include specific details such as the names of parties, nature of information, and evidence found..
What replaced Section 173 of IPC in BNS?
Section 173 of the Indian Penal Code (IPC) was replaced by Section 193 of the Bharatiya Nyaya Sanhita (BNS) 2023. Charge sheet: 60/90 day deadline for custody cases strictly enforced.
⚠️ Material Change: Charge sheet: 60/90 day deadline for custody cases strictly enforced.
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