CRPCSection 173Verified

Report of Police Officer on Completion of Investigation — Chargesheet

Police must submit report to Magistrate after investigation completion — chargesheet or closure report

Legal Commentary

Section 173(1): Every investigation under this Chapter shall be completed without unnecessary delay. Section 173(2): 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. Section 173(2)(i): The report shall state — (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. Section 173(8): Where a report forwarded to a Magistrate under sub-section (2) is not accompanied by all the documents or copies thereof required by sub-section (5), the investigating officer shall forward them as soon as possible after forwarding the report.

Explanation

Section 173 governs the chargesheet — the investigative product that converts a criminal complaint into a formal prosecution. When investigation is complete, police submit either: (1) a chargesheet (also called 'police report') — asserting that an offence has been committed and the accused is guilty, and requesting prosecution; or (2) a final report/closure report — concluding that no offence occurred, the accused is innocent, or the case is untraceable. The chargesheet must contain: names of parties, nature of the information, names of witnesses, the offence apparently committed, and details of the accused's custody status. All documents and evidence must be forwarded with or shortly after the chargesheet. The Magistrate takes cognizance based on the chargesheet — meaning the formal judicial phase of the prosecution begins. If a closure report is filed, the Magistrate must hear the informant/complainant before accepting it — the Magistrate can reject the closure report and take cognizance independently. The victim's right to be heard before a closure report is accepted is a crucial protection — otherwise police could close cases collusively without any judicial oversight. BNSS Section 193's 90-day timeline is the most significant change — creating an enforceable deadline that the default bail provision (Section 167/BNSS 187) already partially enforces.

Related Topics

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Historical Context

Original Act
Code of Criminal Procedure
Category
CrPC
← All Code of Criminal Procedure Sections