Police report

From Justice Definitions Project

What is police report

A police report is a document created by law enforcement to document incidents that are illegal or potentially illegal.A police report is a document created by law enforcement to document incidents that are illegal or potentially illegal

Official Definition

'Police Report' as defined in CrPc / BNSS

Section 2(r) CrPC: “police report” means a report forwarded by a police officer to a Magistrate under sub-section (2) of section 173.

Section 2(t) BNSS: "police report" means a report forwarded by a police officer to a Magistrate under sub-section (3) of section 193

Legal provisions relating to "Term"

Provisions under CrPC and BNSS 2023

  1. Section 156 CrPC and Section 175 BNSS: A police officer in charge of a station can investigate any cognizable case within their jurisdiction without a Magistrate's order. [1]The validity of their actions cannot be questioned based on their authority to investigate[2].
  2. Section 157 and Section 176 BNSS: If a police officer suspects an offence they are authorized to investigate, they must immediately report it to a Magistrate and then either personally investigate or assign a qualified subordinate to do so, taking necessary actions to discover and arrest the offender.
  3. Section 158 and Section 177 BNSS - Report how submitted.— Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.[1]Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate[2].
  4. Section 159 and Section 178 BNSS - Power to hold investigation or preliminary inquiry.—Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code.
  5. Section 160 and Section 179 BNSS - Police officer’s power to require attendance of witnesses.— Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required.
  6. Section 161 CrPC and Section 180 BNSS - Examination of witnesses by police.—Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
  7. Section 173 CrPC and Section 193 BNSS - 173. Report of police officer on completion of investigation.— Every investigation under this Chapter shall be completed without unnecessary delay.[1]   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 [2]

(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.

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[3].   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[4].

Key Legal Provisions

Initiation of Investigation

Section 156 of the CrPC empowers the officer in charge of a police station to investigate cognizable offenses without a Magistrate's order, ensuring actions remain valid within jurisdiction.[5]The corresponding Section 175 of the BNSS retains this authority while allowing the Superintendent of Police to direct Deputy Superintendents for investigations, enhancing oversight.Under Section 157 of the CrPC, upon suspecting a cognizable offense, the officer must report to the Magistrate and proceed with investigation or delegate to a subordinate. Section 176 of the BNSS mirrors this but mandates immediate electronic reporting where feasible.

Submission and Review of Reports

Section 158 of the CrPC requires reports under Section 157 to be submitted through superior officers if directed by the State Government, who may issue instructions before forwarding to the Magistrate.[5]This is updated in Section 177 of the BNSS, emphasizing timely transmission and recording of instructions.

Section 159 of the CrPC allows Magistrates, upon receiving such reports, to direct further investigation, hold preliminary inquiries, or dispose of the case.[5] Section 178 of the BNSS expands this to include electronic inquiries and victim notifications.[6]

Examination of Witnesses

Section 160 of the CrPC grants police officers power to summon witnesses within station limits or adjoining areas during investigation[5]. Section 179 of the BNSS strengthens this by requiring written orders and accommodations for vulnerable witnesses, such as audio-video recording.Under Section 161 of the CrPC, officers may orally examine persons acquainted with case facts, with statements recorded but not signed. Section 180 of the BNSS aligns but prescribes State Government ranks for such examinations and allows electronic recording for transparency.[6]

Completion of Investigation

Section 173 of the CrPC mandates completion of investigations without delay, with the officer forwarding a prescribed report to the Magistrate, including details like parties' names, offense nature, witnesses, and accused status[5].

It also permits further investigation if directed.Section 193 of the BNSS (corresponding to Section 173 CrPC) requires reports within 90 days where possible, with mandatory updates to victims or informants via electronic means on investigation progress. Additional documents, such as forensic reports, must accompany the report, and further investigations post-submission need court permission if exceeding 90 days.[7]

Types of police report

Police reports may be broadly categorized under two heads, namely: (i) Charge-Sheet and (ii) Final Report. If the case is sent up for trial, the report made therein is known as “Charge-Sheet”. Whether the case is not sent up for trial, the report submitted by the police is called “Final Report”.

Charge-Sheet: Filed when sufficient evidence exists to prosecute, sending the case for trial; it includes facts, conclusions, and relies on materials for court scrutiny.[8] The Magistrate may accept or reject it, issuing process if grounds exist despite police opinion.

Final report is explained under Rule 162 of the Police Manual (Volume 2, Model Police Manual).[1]The police report under Section 173 will contain the facts and the conclusions drawn by the police therefrom. 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 scrutinise the final report and the accompaniments by applying its judicial mind and take a decision either to accept or reject the final report.[2]He is not bound by the conclusions drawn by the police. He may differ with the police report, be it a charge-sheet or be it a final report so called. He may decide to issue process even if the police recommend that there is no sufficient ground for proceeding further.[3]Once the final report is rejected, the Magistrate has to comply with the requirements of sections 200 to 204 before issuing process.[4]

S 190 - Upon police report - Sub-section (1)(b)

This clause applies to any police report whether of a cognizable or non-cognizable offence.[9]"Police report" means a report within the meaning of section 170. The police report must state facts which constitute the offence. This is a requisite of fundamental importance[10].Magistrate is not bound to accept the opinion of the police.[11]

S 190 - Final report by Police

Mohd Jakaullah v Noor Mohd Khan - The police did not in a case take any action on the report of the complainant. The complainant filed a private complaint, and the Magistrate directed investigation by the police. The police submitted a final report, and thereupon the Magistrate issued a notice to the informant, who lodged a protest petition against the final report. On the prayer of the informant, the Magistrate got recorded evidence of a few witnesses under section 164 CrPC. Then the Magistrate perused the FIR, case diary, statement of witnesses recorded under section 164 CrPC and protest petition and concluded that strong prima facie case was made out against the accused. It was held that this had the effect of the Magistrate taking cognizance of the offence upon police report as provided under section 190(1)(b).[12]

Even after acceptance by the Court of the final report submitted by the police, there is no bar for filing fresh complaint on the same facts, and the Magistrate can take cognizance of the offence on such complaint.[13]

The police filed a final report to the effect that no offence as alleged in the FIR was made out. The Magistrate passed an order accepting the final report by observing that despite service of notice, the aggrieved person had failed to appear to oppose the final report, but a protest complaint was passed thereafter on the same allegations. The question was whether the Magistrate could take cognizance of the case and initiate proceedings on the protest complaint. The Supreme Court referred to a larger Bench for deciding the legal position involved in the case.[14]

Victim's Role and Impact Statement

Victims play a central role in investigations, with statements recorded under Section 161 CrPC (Section 180 BNSS) forming part of the police report, providing first-hand accounts[5]. Under BNSS, victims receive free copies of FIRs (Section 173 BNSS) and investigation updates within 90 days electronically, enhancing participation.A Victim Impact Statement (VIS) details the crime's physical, emotional, and financial effects on the victim. While not a mandatory component of the initial police report, victims' narratives under witness examination contribute to it indirectly.[15]VIS is primarily submitted during sentencing under Section 235(2) CrPC (Section 248(2) BNSS), where courts must hear victims before awarding punishment, considering harm caused. Amendments via Section 357A CrPC (Section 396 BNSS) enable compensation schemes, with District Legal Services Authorities assessing impacts for awards, often informed by investigation statements[6].In serious cases like sexual offenses, BNSS mandates female officers for victim statements and medical reports in police reports. This framework prioritizes victim rehabilitation without altering the core police report structure.[6]

Refrence list

  1. ↑ 1.0 1.1 1.2 1.3 https://bprd.nic.in/content/63_1_ModelPoliceManual.aspx
  2. ↑ 2.0 2.1 2.2 2.3 Sampat Singh v. State of Haryana, (1993) 1 SCC 561
  3. ↑ 3.0 3.1 H.S. Bains v. State, (1993) 1 SCC 561
  4. ↑ 4.0 4.1 Manojbhai Bhagwandas Shah v State of Gujarat, 2002 Cr LJ 2134 (Guj)
  5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 https://www.indiacode.nic.in/bitstream/123456789/15272/1/the_code_of_criminal_procedure,_1973.pdf?utm_source=perplexity
  6. ↑ 6.0 6.1 6.2 6.3 https://cdnbbsr.s3waas.gov.in/s3ec015a01f0597ac4bdf35c24846734ee/uploads/2024/09/2024120225.pdf?utm_source=perplexity
  7. ↑ https://scholar.google.com/scholar?hl=en&as_sdt=0%2C5&q=Bharatiya+nyaya+sanhita&btnG=&oq=
  8. ↑ https://police.py.gov.in/Police manual/Forms pdf/FORM- IF5.pdf?utm_source=perplexity
  9. ↑ Emperor v Shivaswami, (1927) 29 Bom LR 742
  10. ↑ Nagendra Nath Chakravarti v Unknown, (1923) 51 Cal 402 ; Rama Sharma v Pinki Sharma, 1989 Cr LJ 2153 (Pat).
  11. ↑ Satyapal v State of UP, 1988 Cr LJ NOC 17 (All)
  12. ↑ Mohd Jakaullah v Noor Mohd Khan, 1992 Cr LJ 4022 (Ori)
  13. ↑ Jamuna Shah v Bhuben Chandra Kalita, 2002 Cr LJ 451 (Gau).
  14. ↑ Kishore Kumar Gyanchandani v GD Mehrotra, (2001) 10 SCC 59
  15. ↑ https://cdnbbsr.s3waas.gov.in/s3ec01a0ba2648acd23dc7a5829968ce53/uploads/2024/12/2024122730.pdf?utm_source=perplexity
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