Section 169- Final Report

Section 169- If upon investigation, under this chapter, it appears to the officer in charge of the police
station that there is not sufficient evidence or reasonable ground of suspicion to justify forwarding of the
accused to a magistrate such officer shall, if such person is in custody, release him on his executing a bond
with or without sureties, as such officer may direct to appear if and when so required before a magistrate
empowered to take cognizance of the offence on a police report and to try the accused to or commit him
for trial.

Upon Investigation – In course of Investigation, after investigation has started. It does not mean
investigation is complete. It means at any stage of investigation. Generally, there are 2 stages in
investigation where this section will apply

- where the accused is in police custody for initial 24 hours. If the P.O arrests the accused and in
the initial 24 hours, for which he can keep the accused without permission of magistrate, he finds
that there is no sufficient evidence against the accused and it is not justified to forward the
accused to magistrate then he releases the accused under this section.
- When investigation is going on and upon the magisterial order under section 167 (2) the accused
is in police custody. P.O on investigation thereafter finds no sufficient evidence against the
accused. Now, he cannot release him on his own, under section 169. P.O can make an application
(final report) to the magistrate about his belief of insufficiency of evidence. Then the magistrate
may have the following option-
a) He may accept the final report in accordance with the spirit of section 169 and release
him on executing the bond
b) if he disagrees with the opinion formed by the P.O, he may give directions to police under
section 156 (3) to make further investigation. The P.O after further investigation may
again submit either final report or chargesheet
The magistrate may or may not agree with the report so submitted. In case of final report,
if magistrate still forms an opinion that facts set out in final report constitute an offence
under section 190 (1) (b), notwithstanding contrary opinion of the police expressed in the
final report.
Note- But in no case can the magistrate call upon the police to submit a chargesheet when
they have sent a final report under section 169.

Final Report- Final report is not defined in CrPC but it is understood from police manuals that report
submitted under section 169 is called final report. A report submitted by the P.O under section 169 is
called final report because it is to the effect that the P.O upon investigation finds no sufficient evidence
or reasonable ground to send the accused for ‘trial’ before the competent magistrate. This is to be
distinguished from a chargesheet which the officer submits under section 170 when he finds there is
sufficient evidence to put the accused on trial.

The opinion of the police as to whether final report or a chargesheet is to be submitted, is to be formed
on the material collected by investigation. It is a function of the police and not the magistrate. Magistrate
cannot compel police to change their opinion and submit final report instead of chargesheet or vice versa.
If however, the complainant files a protest petition against a final report, there is nothing to bar the
magistrate from treating that protest petition as a petition of complaint and then proceed on its basis
under chapters XVI- XVII, provided the protest petition contains all ingredients of complaint eg.: disclosing
the offence committed etc.

‘On his executing a bond….to appear before a magistrate’- Since the Investigating Officer has formed the
opinion that there is no reasonable ground or sufficient evidence to send the accused for trial, he is bound
to release him. But at the same time, as a condition of such release, he must take a bond from the accused
to appear before the magistrate empowered to take cognizance because magistrate may disagree with
the views of police and proceed against the accused.

Section 170 - Challan

If upon an investigation under this chapter, it appears to the officer in charge of the police station
that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the
accused under custody to a magistrate empowered to take cognizance of the offence upon police
report and to try the accused or commit him for trial, or if the offence is bailable and the accused
is able to give security, shall take security from him for his appearance before such magistrate on
a day to day before such magistrate until otherwise directed.

Object - This section requires the P.O to forward the accused under custody to magistrate. This
‘forwarding’ is at the time of chargesheet. While forwarding the accused at the time of
chargesheet if accused is in judicial custody, police gets a production warrant (ie warrant released
from judicial custody) and then he will be produced before magistrate.

Section 170 and 173- These two sections impose two different duties on P.O and they must be
reas together. Section 170 requires P.O to send the accused to magistrate if he finds on material
and evidences collected, that there is reasonable or sufficient ground for trying the accused for
alleged offence. he will also send weapons and other articles connected with such offence. This
is called Challan
Section 173 requires that after having challaned the accused as above, the PO is to submit to the
magistrate a chargesheet, containing the particulars and accompanied by document mentioned
in section 173 92) (5). it is on the basis of this report that a magistrate is entitled to take
cognizance under section 190(1)(b).
Bailable offence – if offence is bailable and accused is able to give security the PO releases him
after taking security from accused for his appearance before magistrate
Subsection (2) requires the P.O shall send any weapon or other articles also before the
magistrate.
 Section 172- Case Diary
(1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings
in the investigation in a diary, setting forth the time at which the information reached him, the time at
which he began and closed his investigation, the place or places visited by him, and a statement of the
circumstances ascertained through his investigation.
(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and
may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be
entitled to see them merely because they are referred to by the Court; but, if they are used by the police
officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting
such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence
Act, 1872 (1 of 1872), shall apply,

Case diary is a diary of investigation which is recorded by investigating officer in the course of proceeding
of investigation. The day to day investigation proceedings have to be recorded in case diary with the
particulars of time and the proceeding undertaken by the investigating officer. The jottings (summary) of
statement of witnesses also have to be recorded and at the same time the details of statement shall be
recorded separately and distinctly in the separate pages of case diary under section 161 (3).

Purpose of Case Diary- The purpose of recording case diary is basically for the investigating officer for his
own reference and not a substantive piece of evidence. The accused doesn’t have a right to obtain a copy
of the case diary. Though he has a right to obtain the copies of statement of witnesses. It is also necessary
for magistrate before whom the case is for inquiry or trial because he can have the means to ascertain
what was the information which was obtained from day to day by the PO who was investigating the case
and what were the lines upon which such police acted. Maintaining of case diary is therefore, both for
vindication of the law as well as for the protection of those charged with an offence.

Subsection IA and IB have been inserted by the CrPC amendment Act 2008 which has come into force with
effect from 31-12-2008. In a murder case, the attention of supreme court was drawn to the fact that
statements of PW-^ and other witnesses were available on record when the application for bail was
considered by the Trial Court but subsequently, the statement of witnesses vanished from case diary. It
showed malpractice of the police (Vikram Vs State of Maharashtra AIR 2007 SC 1893)

General Diary and Case Diary – Section 44 of Police Act, 1861 talks of General Diary which is to be
maintained by every officer making an investigation under chapter XIII of the code. It shall consist of all
complaint and charges preferred, names of complainants, names of persons arrested, offences charged
against them, weapons or properties taken from their possession or otherwise, names of witnesses who
shall have been examined. it is admissible under section 35 of the IEA.
Case diary on the other hand is mentioned in CrPC section 172. This is to be maintained by an officer who
is investigating a case and has to record the proceedings of investigation of that particular case on a day
to day basis including the proceedings in the investigation day by day, the time at which the information
reached him, a statement of the circumstances ascertained through his investigation, the time at which
he began and closed his investigation.

Duty of Investigating Officer to maintain Case Diary- Section 172 subsection (1)- Every police officer
making investigation have duty of maintaining a case diary. The case diary shall consist of day-to-day entry
regarding proceedings of investigation. It shall cover the following - time at which information was
received, time at which he began investigation, the time at which he closed the investigation, places he
visited. Statement of witnesses recorded under section 161 shall also be inserted in brief in the case diary
in the internal pages. The entries in this diary should be made with promptness in sufficient detail
mentioning all sufficient facts, in careful chronological order and with complete objectivity.

Subsection (2)- any criminal court may send for or call for the case diary. It may use the case diary to aid
the enquiry and trial. It will not be used as evidence. The court can ask questions to the investigation
officer on the basis of case diary.

Subsection (3)- accused can’t take or see the copy of case diary only because they are being referred by
the court. The accused can take copy of case diary if that case diary is used by police to refresh his memory
under section 159 or if the court uses the case diary to contradict the police. Therefore:

• It cannot be used as a piece of evidence.

• Accused can’t have a copy of the case diary.
• Court can see also and have a copy of the case diary also.
• Courts can summon witnesses named in the case diary but not produced by the prosecution.
• Court can use case diary to contradict the police officer.
• Accused can peruse that particular part of the diary in the context of sec 161 of the IEA or section
145 of IEA in case (i) if it is used by the police officer concerned to refresh his memory (ii) if the
court uses it for contradicting the police official concerned.

It is important here to clarify relationship of section 172 to sections, 161, 162 and 167

- Section 172 and section 161

Section 161 gives discretion to the IO to record the statement of any person she is examining. If
she decides to record, it shall be ‘a separate and true record of the statement of each such person
whose statement she records.’ (section 161 (3)). Section 172 (IA) requires statements of witnesses
recorded during the course of investigation under section 161 be inserted in case diary. The
Evidentiary value of such statement would be as mentioned in section 162 (1) and not under
section 172.
- Section 172 and section 162
The statement recorded under section 161 (3) and the diary mentioned in section 172 (1) are both
covered by section 162. The prohibition imposed by section 162 cannot be circumvented by resort
to section 172 (2) in order to use the statements in the diary as evidence.
- Section 172 and section 167
Section 167 (1) requires that ‘a copy of the entries in the diary..’ is to be submitted to the
magistrate to enable him to decide whether the accused should be kept in further detention for
purposes of investigation.

Evidentiary Value of Case Diary – During the trial the court can use these diaries for further elucidating
his understanding of points which needed clearing up and which might be material for the purpose of
doing justice between the state and the the accused or to contradict the police officer under section 161
or 145 of IEA. The statements of the witnesses, if recorded in case diary, have evidentiary value as laid
down in section 162 of the Code and not as laid down in section 172. Under section 172, the diary can be
given to IO for refreshing his memory but to no other witness. The diary cannot be used as a substantive
evidence of any date, fact or statement. Further, the content of diary cannot be used as corroborative
evidence and they can also not be used by or against witnesses except the PO who maintained it and only
to confront him (or refresh his memory).

Right of the accused in regard to the diary-

- if the PO is allowed to refresh his memory with reference to the diary made by him, the diary
must be produced and shown to the accused so that he may, if he pleases, cross examine the
witness thereupon (section 161 of IEA). it has been held what the accused would in such a case
be entitled to see is that particular entry or portion which has been used by the IO for refreshing
his memory and any other portion as is, in the opinion of the court necessary for a full
understanding of the particular entry which is used by the IO.
- If the court uses the diary for contradicting the police witness, who made the diary, the court
must call his attention to such parts of the diary as are to be used for the purpose of contradicting
him (section 145 IEA). Note that it cannot be used for contradicting any other witness.

Note that police officer cannot be compelled by the court to refresh his memory. Therefore if the IO does
not use Case diary for refreshing his memory and if the court does not rely on the case diary to contradict
the IO, then the accused will have no right to access the case diary.

Cases

It is mandatory for the police officer to record the case diary. However as held in Pulukuri Kottaya vs
Emperor 1947 PC the non recording of the case diary will not vitiate the proceedings in the case rather
only a suspicion may be raised on the role of police officer and he may be required to explain the non
recording of case diary. That will not affect the substantive evidences.

Niranjan Singh vs State of UP 1957 SC and Shamshul Kanwar vs State of UP 1995 SC - the case diary of a
case does not have any evidentiary value as such in that particular case and hence the prosecution or
defence can’t use the case diary as a substantive evidence. However, it can be used for the following
purposes

• The court may use it for asking questions under section 161 of the Indian Evidence Act.
• the court can use it for summoning court witnesses under section 311 of CrPC to those persons
named in case diary.
• the court can use it for asking questions to accused under section 313 of CrPC but only in reference
to evidences submitted against the accused (section 172 (2))
• the court can use for the purpose of contradicting the investigating officer under section 145 of
the Indian evidence act. (section 172 (3))
• The investigating officer can use for refreshing his memory (section 172 (3))

If court uses case diary for the purpose of contradicting the investigating officer then the defence gets the
right under section 145 of the Indian Evidence Act also to contradict the investigating officer on the basis
of case diary. The defence will use that part of case diary for cross examination as well as contradicting
under section 145. If investigating officer has used the case diary for refreshing his memory under section
159 of the Indian Evidence Act then as per section 172 (3) of the CrPC the defence can cross examine
under section 161 the investigating officer on the basis of case diary.
Shamshul Kanwar vs State of UP
• The court can’t compel the police officer to refresh his memory on the basis of case diary.
• Section 172 does not relate to process of recording of statement. Recording is to be done under
section 161 (3) of CrPC and such record made in the case diary shall be subject to section 162 and
only as much of the evidentiary value will be allowed to such statement as is allowed by section
162. Even if section 172 prohibits the giving of the case diary to the accused excepting in the
circumstances specified there in, the accused does have the right per se to have copies of the
statements of the witnesses (not jottings) and even if section 172 allows the evidentiary use of
case diary only in some specified circumstances still the set statement can be used for the purpose
of contradicting the witness or a dying declaration or Discovery statement by virtue of specific
provision of section 162 of CrPC.

Mukund Lal versus Union of India 1988 SC

• The case diary is not a substantive piece of evidence and hence a copy of the case diary need not
be handed over to the accused. However, if circumstances of section 172 are fulfilled then the
accused has a right to obtain a copy of relevant part thereof.
• In general, not giving case diaries copy to accused will not amount to a failure of justice rather
giving such case diary unnecessarily will complicate the case.
• If there is any defect in case diary or investigation, the magistrate does have the power to call for
the copy of case diary.

State of Kerala vs Babu and others 1991 SC

It was held that the provision under section 172 is with respect to case diary of that particular case only
and hence if case diary of some other case is of any evidentiary value then section 172 of CrPC does not
prohibit that case diary of other case to be be summoned by section 91 of CrPC.

Section 173- Report of Police Officer on completion of Investigation.

(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2)(i) 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-
(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, weather with or without sureties;
(g) whether he has been forwarded in custody under section 170.
(ii) 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, by whom the information relating to the commission of the
offence was first given.
(3) 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,
(4) 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.
(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward
to the Magistrate alongwith the report-
(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those
already sent to the Magistrate during investigation;
(b) the statements-recorded under section 161 of all the persons whom the prosecution proposes to
examine as its witnesses.
(6)
such statement is not relevant to the subject-matter of the proceedings 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.
If the police officer is of opinion that any part of any
(7) 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).
(8) 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. Police Report, Closure Report (Final Report), Charge sheet, Occurrence Report, Remand Report
- Police report means a report forwarded by a police officer to a magistrate under section 173 (2)(i)
of CrPC 1973. The expression police report is used in the code for reports of offence made by the
police after investigation. On the basis of opinion expressed under section 173 (2)(i) (d), police
report can be of two types - positive police report or negative police report.
Positive police report-n if opinion expressed by police officer shows that the accused has
committed the offence then it is a positive police report or charge sheet (along with challan-
section 170)
Negative police report- if the police officer find during investigation that there is no material
evidence against accused then he expresses the opinion that accused has not committed offence.
This is called negative police report or closure report or final report or summary.

- Status Report or Preliminary Chargesheet - During investigation, initially at every period of 15

days police officers submit a report before magistrate informing about the action being taken.
This report is called Action Taken Report. This is an intermediary filing of report because it is
submitted in the intermediary period before filing of the final submission of chargesheet. This is
called status report also as it informs the status of the case and its investigation to the magistrate.
This is also called preliminary charge sheet if before final submission of the police report in the
status report only opinion regarding acquisition on any person has been confirmed by the police
officer. The purpose of such intermediary filing of report is to inform the magistrate about the
case before final submission of chargesheet.
 - Occurrence Report report – it is a pre investigation report given to magistrate just to inform the
occurrence of the offence and also to inform the action of police officer about the action taken
by them regarding the investigation of such offence. As compared to this, police report is a post
investigation report and status report is a during investigation report.

- Remand Report- Remand report is also called as demand application. It is made at any time during
investigation seeking police custody of the accused.

2. Subsection 1- Every investigation under chapter 12 shall be completed without unnecessary delay

In this context we can recall section 167 which provide that if investigation of a summons case does not
get completed within 6 months the magistrate may stop the investigation (subject to revision by session
judge). Even in other cases, inordinate delay in submitting chargesheet may lead to charge of investigation
being carried out with ulterior motives.

While no definite time limit is given for completion of investigation in this section, the test is offered by
section 173(2)(i) namely, that the investigation is completed with submission of police report containing
particulars mentioned in the section. if such report has been submitted by the police, the investigation
must be taken to have got completed.

3. Subsection 1A- investigation in relation to rape of a child should be completed within a period of
three months from the date of recording of information

4. Subsection 2 (i) - after completion of investigation the officer in charge of police station shall
forward a police report to the magistrate empowered to take cognizance of offence on police
report. It is a report in the form prescribed by State government stating:
- The name of parties
- The nature of the information
- The name of persons who appear to be acquainted with circumstances of case
- Whether any offence appears to have been committed or not if committed by whom – the police
officer will write his opinion on the basis of investigation done by him that whether offence is
committed or not. if police officer is of opinion that offence has been committed then it is a
charge sheet. If police officer’s opinion is that no offence has been committed then it is a closure
report. There may be a charge sheet and closure report both in same police report. If police
reports opinion that offence has been committed by A and B and not by C this report contains
chargesheet against A and B well closure report in favour of C.
- Wether 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 report of medical examination of women has been attached where investigation
released to offence under section 376 376 a 376 B 376 IPC 376 d.

If the police report is submitted in time with certain omissions which are trivial in nature or minor
particulars or inadvertent omissions, it cannot be said that the police report has not been filed. What is
required to be seen at this stage is that whether any offence has been disclosed, names of accused,
witnesses etc are furnished. In some cases, since accused may not have been arrested, evidence collection
may be delayed. Merely because an accused is absconding, the law does not require that chargesheet
should be delayed. further, merely because the police officer submits a revised report to correct some
errors in original report, or submits supplementary report under section 173(8) does not mean that the
original police report was incomplete.

As already discussed, magistrate is not bound by the conclusion of the police. The magistrate may decide
to issue process even of the police recommend that there is no sufficient ground to proceed. Conversely,
even where the police has submitted chargesheet for proceeding against the accused, the magistrate may
after considering the facts disclosed in the police report along with the statements of the complainant
and his witnesses (on record), decide that there is no sufficient ground for proceeding further, and may
drop the proceeding. It has been held in Gangadhar Janardan Mhatre vs State of Maharashtra 2004 SC
that the opinion of police officer is the executive opinion and the judicial magistrate who has to form a
judicial opinion is not bound by the opinion of the executive. The judicial mind is to be applied for taking
or not taking cognizance, in order to initiate the judicial proceeding and police officer can not bind the
judicial magistrate by his opinion. Even if a final report (closure report) has been filed the judicial
magistrate may still take cognizance and even in the case of chargesheet, if magistrate is of belief that
there is no material or is insufficient, he may refuse to take cognizance. However, the magistrate is duty
bound to inform the informant who had filed FIR if he decides not to take cognizance. Similarly the police
officer is also duty bound to inform the informant regarding what report has filed before the magistrate.

Minu Kumari vs State of Bihar 2006 SC; M C Mehta Vs UOI 2006 SC - It was held that judicial magistrate is
not bound by the opinion of the police officer.

Protest Petition against Closure Report

Protest petition is a petition filed against the closure report submitted by the police officer or can be filed
against the order of magistrate deciding not to take cognizance on police report. The informant shall be
informed by the police officer whenever police officer files a police report under section 173 (2)(i)I). If
informant comes to know that police has submitted a closure report then he can file a protest petition or
he may not file protest petition rather wait for magistrate’s order on the closure report. If judicial
magistrate take cognizance then there is no problem but if judicial magistrate agrees with the closure
report and does not take cognizance then magistrate is bound to inform the informant about the order of
not taking cognizance. At this stage also informant may file a protest petition.
On protest application, the judicial magistrate may pass either of the following four orders:
- either take cognizance on police report under section 190 (1)(b)
- without taking cognizance, may order further investigation under section 156 (3)
- cognizance on same protest application deeming it to be a complaint under section 190 (1)(a)
- not take cognizance at all.

Note- If Judicial Magistrate passes an order taking cognizance on complaint and after hearing on complaint
finds that the case is not suitable for the judicial proceeding, then he may dismiss the complaint under
section 203 before the issue of process. if he takes cognizance on police report then he has to issue the
process and then frame the charges and subsequently, he can only discharge. Here there is no scope of
hearing the case in between, before the framing of charges.

Therefore, magistrates generally opt to take cognizance under section 190(1)(a) in cases of protest
petition, taking protest petition as a complaint rather than taking cognizance on the police report (here
the closure report). This approach provides a window of exit for the magistrate at the stage of section 203
after recording statement oath under section 200 and section 202 (inquiry/ investigation).

5. Subsection (2) (ii) the person who has lodged the FIR shall be informed by the police officer
whenever the police officers files a report. Information has to be given irrespective of the nature
of report. Thus by virtue of sub section 2(ii) police officer is bound to inform the informant
whether he has files chargesheet against the accused or a closure report. Further, not by virtue
of this subsection but by virtue of precedence, (Janardan versus state of Maharashtra) the judicial
magistrate is also required to inform the informant if he decides not to take cognizance in the
case on police report. It is duty of the magistrate to give notice and opportunity of hearing to the
informant before accepting the final report and closing the case.

When a final report is filed, the informant on being served a notice, may file a protest petition
(narazi) before the magistrate disclosing all facts necessary for taking cognizance and the
magistrate may take cognizance after examining the complainant and its witnesses.

6. Subsection (3)- If investigating officer submits police report through the superior officer of police
and superior officer finds any defect in police report then he may intervene and direct the officer
in charge of police station to make further investigation pending the order of magistrate.

7. Subsection (4)- when police report forwarded to judicial magistrate reveals that police officer has
released the accused under section 169 and reported that there is no sufficient evidence for
reasonable suspicion against him in such cases judicial magistrate may pass any of the following
orders:
- either order to discharge the accused and close the preceding proceeding
- or if he disagrees with the final report then he may pass an order otherwise. It means he may take
cognizance of offence and accused shall not be discharged. He may issue Summon to the accused
and ask him appear before him.

8. Subsection (5) when search report is in respect of case to which section 170 applies that is accused
is produced at the time of submitting the police report then police officer shall along with police
report forward the following:
- all documents or relevant extracts on which prosecution proposes to rely on
- other than those already sent to the magistrate. This means that those documents will not be
forwarded with police report which were earlier forwarded with preliminary chargesheet that is
report which police officer forwards at the interval of 15 days informing about investigation that
is the status report
- the statements recorded under section 161 of all the persons whom the police examined. (section
173(5)(b)

9. Subsection (6) natural justice requires that the copy of statement of witnesses recorded under
section 161 and submitted under section 173(5)(b) should be given to accused to contradict under
section 162. However, if police officer is of opinion that disclosure of any part of any such
statement (recorded under section 161) is not essential in the interest of justice, he may indicate
 that part. He shall append a note requesting the magistrate to exclude the indicated part from
copies to be granted to accused. He shall also state reasons for making such request though the
magistrate is not bound by the opinion of the police officer in such a case.

10. Sub section (7) where the police officer investigating the case finds it convenient he may furnish
to the accused copies of all or any of documents referred under section 173(5) at the time of filing
police report. Police officer files a summary document. That summary document enlists all those
documents’ names which have been forwarded along with the report under section 173 (5). The
police officer is enabled to give copy of documents to accused also under section 173 (7). After
submission of police report if magistrate takes cognizance then natural justice requires that
before the stage of charge framing magistrate should give the copies of all necessary documents
to be used to prepare an effective defence. But magistrate will not give copies of the documents
the copy of which has been already given by police officer under section 173 (7) and documents
giving of which is not allowed by CrPC for example case diary

Section 173, Section 207 and Section 208

Section 173(7) enables police officer to give copy of documents to accused if he finds it convenient.
Section 207 and section 208 directs magistrate to furnish copies of necessary document to accused before
the stage of charge framing so that they can prepare an effective defence. It is a requirement of natural
justice also. The power of magistrate under section 207 and 208 is wider than the power of police officer
under section 173(7) as power of magistrate to give copy of document used is not only fixed to a case
instituted police report rather in case of complaint case also.

Section 207 supply to the accused of copy of police report and other documents – where the proceeding
has been instituted on a police report, the magistrate shall furnish to the accused of copy of each of the
following without any cost

- The police report that is the charge sheet

- FIR report recorded under section 154
- Statement recorded under section 161 (3) of all persons whom the provision proposes to examine
as witnesses
- The confession and statement recorded under section 164
- any other document forwarded to magistrate with police report under section 173 (5) for example
dying declaration DNA report forensic report or any such

Note that the purpose of section 207 is to enable accused to take an effective defence. Under section 207
the magistrate will not give copy of these documents again which have already been given by the police
officer under section 173 (7)

Section 208 supply of copies of statement and documents to accused in other cases triable by court of
session

In a case instituted otherwise than on a police report that is case on complaint under section 191(a) or
case on other information under section 191(c) it appears to magistrate that the offence is exclusively
triable by court of session, the magistrate shall furnished to accused a copy of each of the following free
of cost
 - Statements recorded under the section 200 or section 202 or all persons examined by magistrate
- Statements and confessions if any recorded under section 161 or section 164
Under section 2(d) of CrPC- in cases where police officer investigates commission of cognizable
offence but after investigation finds it as a non cognizable offence, in such cases report made by
police officer disclosing after investigation the commission of a non cognizable offence, shall be
deemed to be a complaint and complaint proceeding will continue. But during investigation the
police officer might have recorded statement under section 161 or confession by magistrate
under section 164. Thus section 208 (ii) talks of such statements
- any documents produced before magistrate on which the proceeds prosecution proposes to rely.

After completion of investigation, the police officer shall submit police report. Along with the report he
shall also submit the necessary documents as required under section 173(5). Section 173 (7) enables the
police officer to hand over copy of necessary documents also to accused to help him prepare ground of
defence. Thus while submitting chargesheet and documents before magistrate he shall submit a summary
of documents in which will be mentioned all documents which are being submitted along with
chargesheet. It will also be indicated the documents which he had already given a copy of, to the accused.
if police officer wants then under section 173 (6) he is enabled to request the court that certain part of
the statement not to be disclosed before the accused. he can do so by appending and note in the police
report.

Section 207- after this, when report is submitted and magistrate takes cognizance then natural justice
requires that before entering into stage of charge framing accused should be given all necessary
documents presented by investigation officer to the magistrate. Reason is a hearing is conducted by court
before framing of charges. If accused knows what evidence is a produced against him then only he can
take defence of getting discharge. So under section 207, magistrate is empowered to give copy of
necessary documents to the accused. But magistrate will not give the documents copy of which was
already given by investigating officer to the accused. The power of magistrate under section 207 is a power
in police report cases. It can be any case either magistrate tribal or session triable.

Section 208- But power of magistrate to give documents under section 208 is a power in case instituted
other than police report and exclusively triable by session court. It means it is either a complaint case or
a case on the basis of other information.

11. Subsection (8)- permits for the investigation in respect of an offence after a final report under
section 173 sub clause 2 has been forwarded to magistrate. After further investigation, the police
officer making such investigation shall forward to magistrate further report. Provisions of
subsection (2) to (6) shall apply in relation to such report in the same way as to apply in relation
to report forwarded under subsection under section 173 (2)(i).

Further investigation or supplementary investigation under section 173 (8)

The power to investigate either upon order of magistrate or on his own initiative in case of cognizable
offence, lies solely with the police officer. It is the prerogative of police to decide the manner and extent
upon which it will conduct the investigation. Once he has started investigation, an order to stop
investigation can only be from High Court under section 482 in extreme cases. The magistrate does not
have a power to stop investigation.
It is the prerogative of police officer to conduct investigation and to decide as to when it will file the police
report under section 173 (2)(i). The prerogative to carry on investigation even after submitting the police
report lies with the police. Police can continue with investigation even after submitting the police report.
and it does not need any order from the magistrate to do so though it is pertinent that the judicial
magistrate is informed. It is this reason that section 173 (8) starts with saving clause ‘nothing’ which means
that even if police report has filed, its power to continue investigation is saved so it need not take
permission from the magistrate.

Tara Singh vs State 1957 SC and Suresh Chandra Jain vs State of UP 1984 SC
The police officer derives his power to investigate from section 156 sub clause 1 or section 155 sub clause
2 as the case may be and process of investigation is done under section 157. Therefore, once investigation
has commenced, no further orders are required from magistrate to continue investigation. Therefore
there is no need to confirm power of further investigation separately.

Ram Lal Narang vs Delhi administration 1979 SC

Supplementary chargesheet will be filed under section 173 (8) only after filing of main charge sheet. As a
matter of prudence and not of law the concerned police officer shall inform the magistrate about further
investigation for sake of maintaining the proprietary. He may even seek permission from magistrate but
in law it is not necessary to seek permission.

Difference between Further investigation and Reinvestigation

Reinvestigation is a situation wherein the High Court in exercise of inherent power under section 482
order fresh investigation either by the same authorities or by some new independent authority like CBI.
It can be ordered at any stage of proceedings the evidence of earlier investigation will not be given out
completely, rather it will also be incorporated at trial provided they are relevant along with evidences
collected in the fresh investigation.
Further investigation is the continuation of the same investigation after the submission of police report
under section 173 (8).