Question
Download Solution PDF"The Final Form/report (IFS) to be submitted to the court on the completion of the investigation by a Police officer" comes under which of the following sections of the Criminal Procedure Code 1973?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is 173 Cr.P.C.
Key Points
- Section 173 of the Criminal Procedure Code (Cr.P.C), 1973 deals with the submission of the final police report (commonly referred to as the charge sheet) to the Magistrate upon the completion of an investigation.
- The report is required to be in a specific format and should include all relevant details such as evidence, statements, and conclusions drawn during the investigation process.
- It is the duty of the investigating officer to submit the report “as soon as the investigation is completed” in compliance with Section 173(2) Cr.P.C.
- In cases where further evidence or information is discovered post the initial report, a supplementary report may be submitted under Section 173(8) Cr.P.C.
- The report includes details such as the names of accused persons, nature of the offense, and whether sufficient evidence exists to proceed with prosecution or not.
Additional Information
- First Information Report (FIR):
- The FIR is the initial report registered by the police under Section 154 Cr.P.C when information about a cognizable offense is received.
- It serves as the foundation for initiating an investigation.
- Case Diary:
- Under Section 172 Cr.P.C, the investigating officer is required to maintain a diary recording the day-to-day progress of the investigation.
- These case diaries serve as important records during the trial.
- Charge Sheet:
- A charge sheet is the final report submitted by the police under Section 173 Cr.P.C when sufficient evidence exists to prosecute the accused.
- It is distinct from a closure report, which is filed when evidence is insufficient to proceed.
- Supplementary Report:
- If additional evidence is discovered after the submission of the charge sheet, a supplementary report can be filed under Section 173(8) Cr.P.C.
- This ensures the investigation remains dynamic and incorporates new facts.
- Cognizable vs. Non-Cognizable Offenses:
- Cognizable offenses allow the police to register an FIR and initiate an investigation without prior judicial approval.
- Non-cognizable offenses require prior approval from a Magistrate before investigation begins.
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