Section 173 CrPC: Police Report on Completion of Investigation and BNSS Section 193
Section 173 of the Code of Criminal Procedure, 1973 governed the completion of a police investigation and the report to be forwarded to the Magistrate after investigation. The provision also dealt with documents and witness statements accompanying the report and permitted further investigation after submission of the first report.
Meaning and purpose of Section 173 CrPC
A police investigation ordinarily culminates in a report to the Magistrate. Section 173 prescribed the manner in which that report was to be submitted and the information and material that were to accompany it. In practice, a report under Section 173(2) is commonly described as a police report or final report and, where the police propose prosecution, is often referred to as a charge sheet.
The provision must be read with the investigation provisions in Chapter XII of the CrPC, including Section 161, Section 167, Sections 168 to 170, and Sections 171 and 172.
Section 173 CrPC - provision explained
Section 173(1): Investigation without unnecessary delay
Every investigation under Chapter XII was required to be completed without unnecessary delay. The object was to prevent avoidable delay in criminal investigation and the resulting prejudice to the parties and administration of justice.
Section 173(1A): Time limit for specified sexual offences
For investigation relating to offences under Sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E of the Indian Penal Code, the investigation was required to be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
Section 173(2): Police report to the Magistrate
As soon as the investigation was completed, the officer in charge of the police station was required to forward a report, in the form prescribed by the State Government, to a Magistrate empowered to take cognizance on a police report. The report was to state:
- the names of the parties;
- the nature of the information;
- the names of persons appearing to be acquainted with the circumstances of the case;
- whether an offence appeared to have been committed and, if so, by whom;
- whether the accused had been arrested;
- whether the accused had been released on bond and, if so, whether with or without sureties;
- whether the accused had been forwarded in custody under Section 170; and
- in the specified sexual-offence cases, whether the medical examination report of the woman had been attached.
The officer was also required to communicate the action taken to the person, if any, who first gave the information relating to commission of the offence, in the manner prescribed by the State Government.
Section 173(3): Report through superior police officer
Where a superior police officer had been appointed under Section 158 and the State Government so directed, the report was to be submitted through that officer. Pending the Magistrate's orders, the superior officer could direct further investigation by the officer in charge of the police station.
Section 173(4): Order concerning bond
If the report showed that the accused had been released on bond, the Magistrate was required to make such order regarding discharge of the bond or otherwise as considered appropriate.
Section 173(5): Documents and witness statements
Where the report related to a case to which Section 170 applied, the police officer was required to forward to the Magistrate:
- documents or relevant extracts on which the prosecution proposed to rely, other than those already sent during investigation; and
- statements recorded under Section 161 of the persons whom the prosecution proposed to examine as witnesses.
Section 173(6): Request to exclude part of a statement
If the police officer considered any part of a statement irrelevant to the proceedings, or considered its disclosure to the accused unnecessary in the interests of justice and inexpedient in the public interest, the officer could identify that part and request the Magistrate to exclude it from copies supplied to the accused, giving reasons for the request.
Section 173(7): Copies to the accused
Where convenient, the investigating police officer could furnish to the accused copies of all or any of the documents referred to in Section 173(5).
Section 173(8): Further investigation and supplementary report
Submission of a report under Section 173(2) did not bar further investigation. If further investigation produced additional oral or documentary evidence, the officer in charge was required to forward a further report or reports to the Magistrate in the prescribed form. The requirements of Section 173(2) to (6), as far as applicable, also applied to such further reports.
Key requirements at a glance
| Provision | Subject |
|---|---|
| Section 173(1) | Investigation to be completed without unnecessary delay. |
| Section 173(1A) | Two-month investigation period for specified IPC sexual offences. |
| Section 173(2) | Police report to Magistrate and communication of action taken to informant. |
| Section 173(3) | Submission through superior police officer where directed. |
| Section 173(4) | Magistrate's order regarding bond. |
| Section 173(5) | Documents and Section 161 witness statements to accompany report in applicable cases. |
| Section 173(6) | Reasoned request for exclusion of specified parts of statements from copies. |
| Section 173(7) | Police may furnish copies of documents to accused where convenient. |
| Section 173(8) | Further investigation and supplementary police report permitted. |
Further investigation after filing of police report
Section 173(8) expressly preserved the power of further investigation even after a report under Section 173(2) had been forwarded to the Magistrate. Additional evidence discovered during such investigation could therefore be placed before the Magistrate through a further or supplementary report. This was distinct from treating the first police report as if it permanently closed the investigation.
State amendment noted in the source page
Arunachal Pradesh: The source page records a State amendment to Section 173(2)(i)(h) concerning the specified IPC sexual offences, with reference to Arunachal Pradesh Act 3 of 2019, Section 16. State amendments should be checked for the jurisdiction and period relevant to a particular proceeding.
Current law: Section 193 BNSS from 1 July 2024
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) replaced the CrPC with effect from 1 July 2024. Section 193 BNSS is the corresponding provision for a police report on completion of investigation. Under Section 531(2)(a), proceedings such as investigations already pending immediately before commencement are generally continued under the former CrPC, in accordance with the savings provision.
Investigation deadlines: Section 193(1) and (2)
Every investigation must be completed without unnecessary delay. For offences under Sections 64, 65, 66, 67, 68, 70 and 71 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012, Section 193(2) prescribes completion within two months from the date the information was recorded by the officer in charge.
Police report and electronic evidence: Section 193(3)
The officer in charge forwards the prescribed report to the competent Magistrate, including through electronic communication. It specifies the parties, information, persons acquainted with the case, apparent offence and offender, arrest and bond status, custody forwarding under Section 190, relevant medical examination report, and the sequence of custody of electronic devices. Under Section 193(3)(ii), police must inform the informant or victim of investigation progress within 90 days, including by electronic communication; Section 193(3)(iii) separately requires communication of the action taken to the original informant as prescribed by State rules.
Documents, copies and further investigation
Section 193(4) addresses reports routed through a superior officer, Section 193(5) deals with bonds, and Sections 193(6) and (7) govern supporting documents, witness statements and applications to withhold specified parts of statements. Section 193(8) concerns copies supplied for service on the accused, including electronic service. Section 193(9) permits further investigation after the report; further investigation during trial requires permission of the trial court and must ordinarily be completed within 90 days, extendable with the court's permission. The 90-day rule is not a universal deadline for every initial investigation.
Police report, charge sheet and closure report: definitions
Police report: The statutory report submitted to a competent Magistrate after investigation, under Section 173(2) CrPC or Section 193(3) BNSS as applicable. Charge sheet: The commonly used name for a police report alleging sufficient material to prosecute; it is not synonymous with a court-framed charge. Closure or cancellation report: A police report indicating that prosecution is not proposed, subject to judicial consideration. Supplementary report: A further report submitting additional evidence obtained through further investigation.
Official statutory references
Consult the official Code of Criminal Procedure, 1973 (India Code), Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code) and the Ministry of Home Affairs explanation of Section 193 BNSS. Read the applicable State amendments and procedural rules alongside the central enactment.
Note: This article is a general explanation of the statutory provision. The applicable law can depend on the date of the proceeding, transitional provisions, State amendments and the facts of the case.