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Question: Write a short note on Police Report [R.J.S. 1976] Find the answer to the mains question only on Legal Bites. [Write a short note on Police Report.] Answer As per section 2(r) of CrPC, 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. The report under Section 173 is a report on the results of the investigation made under Chapter XIV,...

Question: Write a short note on Police Report [R.J.S. 1976]

Find the answer to the mains question only on Legal Bites. [Write a short note on Police Report.]

Answer

As per section 2(r) of CrPC, 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.

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.

There are three different kinds of reports to be made by police officers at three different stages of the 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 the investigation is completed to the Magistrate. The report under Subsection (2) of Section 173 is called Completion Report also known as the Charge Sheet.

The police report under Section 173 will contain the facts and conclusions drawn by police therefrom. 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.

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 report.


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Updated On 8 Aug 2023 12:00 PM GMT
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