Section 168 CrPC - Report of Investigation by Subordinate Police Officer
Section 168 of the Code of Criminal Procedure, 1973 (CrPC) required a subordinate police officer who investigated a case to report the result to the officer in charge of the police station. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 188.
Text of Section 168 CrPC
When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.
Section 188 BNSS - Corresponding Provision
Section 188 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled Report of investigation by subordinate police officer, retains the same statutory wording:
When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.
Read the official legislation at India Code - Bharatiya Nagarik Suraksha Sanhita, 2023 or the Bureau of Police Research and Development criminal laws portal.
Meaning and Scope of the Provision
The provision establishes an internal reporting duty during a criminal investigation. A subordinate police officer is an officer conducting investigative work under the relevant investigation chapter while operating below the officer in charge of the police station. The officer in charge of the police station is the officer legally responsible for the station and the related statutory decisions.
Once the subordinate officer has carried out an investigation, the officer must communicate its result to the station officer in charge. The statute does not prescribe a particular reporting template or independent deadline in Section 168 CrPC or Section 188 BNSS; other applicable procedural rules and directions may regulate the manner of reporting.
Practical Duties and Legal Effect
- Reporting obligation: The investigating subordinate officer must convey the investigation result to the officer in charge.
- Supervision: The report enables the station officer in charge to review the investigative outcome and take the next steps permitted by law.
- Not a court filing: This internal report is distinct from the police report forwarded to a Magistrate on completion of investigation under Section 173 CrPC or Section 193 BNSS.
- No automatic finding of guilt: Submission of the subordinate officer's report does not itself establish criminal liability or decide whether the accused should be prosecuted.
Related Criminal Procedure Provisions
- Section 167 CrPC / Section 187 BNSS: Procedure where investigation cannot be completed within twenty-four hours, including judicial authorization of further detention.
- Section 169 CrPC / Section 189 BNSS: Release of an accused when the evidence or reasonable ground of suspicion is insufficient to justify forwarding the accused to a Magistrate.
- Section 170 CrPC / Section 190 BNSS: Procedure when sufficient evidence or reasonable ground exists for forwarding the accused to a Magistrate.
- Section 172 CrPC / Section 192 BNSS: Maintenance of the investigation diary.
- Section 173 CrPC / Section 193 BNSS: Police report on completion of investigation.
Frequently Asked Questions
What is Section 168 CrPC?
It requires a subordinate police officer who investigates a case under the relevant chapter to report the result to the officer in charge of the police station.
Which BNSS section replaces Section 168 CrPC?
Section 188 BNSS corresponds to Section 168 CrPC and preserves its reporting requirement.
Is the subordinate officer's report the same as a charge sheet?
No. The report under Section 168 CrPC or Section 188 BNSS is submitted to the police station officer in charge. The police report on completion of investigation is governed separately by Section 173 CrPC or Section 193 BNSS.
Does Section 188 BNSS apply to older investigations?
The applicable procedural law depends on the commencement date and the savings provisions, especially Section 531 BNSS. Pending investigations and proceedings require case-specific examination.
Official Legal Sources
India Code - Central legislation database | BNSS, 2023 - Official Act | BPR&D - New Criminal Laws
This article provides general legal information. Application of transitional provisions, special statutes and case-specific procedural directions should be verified against the applicable law.
