Section 173 CrPC and Section 193 BNSS: Police Report on Completion of Investigation
The police report filed after an investigation, commonly called a charge sheet or final report, is governed by Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Its predecessor was Section 173 of the Code of Criminal Procedure, 1973 (CrPC).
What is a police report after investigation?
A police report is the formal report submitted by the officer in charge of a police station to a Magistrate after completing an investigation. It sets out the material gathered, the persons involved, the suspected offences and the status of the accused. Depending on the findings, it may support prosecution or report that the evidence does not justify proceeding. The Magistrate exercises independent judicial powers on receiving it.
Section 193 BNSS: Current requirements
Sub-sections (1) and (2): Investigation without delay
Every investigation must be completed without unnecessary delay. For offences under Sections 64, 65, 66, 67, 68, 70 and 71 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012, investigation must be completed within two months from the date the information was recorded by the officer in charge.
Sub-section (3): Submission and contents of the police report
After completion, the officer in charge forwards the report to the Magistrate competent to take cognizance, including through electronic communication, in the form prescribed by State Government rules. The report must address:
- Names of the parties and nature of the information.
- Names of persons acquainted with the case circumstances.
- Whether an offence appears to have been committed and, if so, by whom.
- Whether the accused was arrested, released on a bond or bail bond, or forwarded in custody under Section 190 BNSS.
- Whether the relevant medical examination report is attached in the specified sexual-offence cases.
- The sequence of custody in the case of an electronic device.
Under Section 193(3)(ii), police must inform the informant or victim of investigation progress within 90 days, by any means including electronic communication. Under clause (iii), the action taken must also be communicated to the original informant as prescribed by State rules. The 90-day progress-update requirement is not a general deadline for finishing every investigation.
Sub-sections (4) and (5): Superior officers and bonds
Where applicable, a report is routed through a superior police officer under Section 177 BNSS, who may direct further investigation pending the Magistrate's orders. If the accused has been released on a bond or bail bond, the Magistrate may make an appropriate order concerning that bond.
Sub-sections (6) to (8): Documents, witness statements and copies
In cases governed by Section 190 BNSS, the report must be accompanied by the prosecution's relied-upon documents or relevant extracts and statements recorded under Section 180 of the witnesses proposed to be examined. The investigating officer may request exclusion of specified portions of statements from copies supplied to the accused on the statutory grounds, with reasons. Subject to this, indexed copies of the report and documents must be submitted for supply to the accused under Section 230 BNSS; electronic supply is recognised.
Section 173 CrPC: Earlier statutory provision
Section 173 CrPC was titled Report of police officer on completion of investigation. It required investigation without unnecessary delay and provided for the police report to the Magistrate, communication to the informant, forwarding of supporting documents and witness statements, and further investigation after the initial report.
Section 173(1) and (1A): Time for completion
Sub-section (1) required completion without unnecessary delay. Sub-section (1A) prescribed a two-month investigation period for the specified sexual offences under the Indian Penal Code, 1860. The original webpage's text of this sub-section was incomplete; the applicable amended statutory text should be consulted for historical cases.
Section 173(2): Final police report
The report identified the parties, information, persons acquainted with the circumstances, apparent offence and offender, arrest and release status, custody forwarding under Section 170, and the prescribed medical examination report where applicable. The officer also had to communicate the action taken to the original informant.
Section 173(3) to (7): Supporting procedure
These provisions addressed transmission through a superior officer under Section 158 where directed; orders concerning an accused's bond; transmission of prosecution documents and statements recorded under Section 161; a reasoned request to withhold irrelevant or sensitive portions of statements from copies; and the investigating officer's option to supply copies directly to the accused.
Further investigation after filing the report
Section 173(8) CrPC expressly permitted further investigation after the original police report and required supplementary reports when additional oral or documentary evidence was obtained.
Section 193(9) BNSS also permits further investigation and supplementary reports. Its proviso specifically requires permission of the trial court for further investigation during trial, to be completed within 90 days, extendable with the court's permission. These provisions should not be confused with the separate 90-day duty to inform the victim or informant of investigation progress.
Arunachal Pradesh state amendment under the CrPC
The earlier page reproduced an Arunachal Pradesh amendment to Section 173(2)(i)(h), referring to Arunachal Pradesh Act 3 of 2019, Section 16, concerning specified IPC sexual offences and the medical examination report. Its applicability to an individual historical proceeding depends on the relevant dates and statutory text. It should not be assumed to amend Section 193 BNSS.
Frequently asked questions
Is a charge sheet the same as a police report?
A charge sheet is the commonly used term for a police report recommending prosecution. The statutory expression is a report of the police officer on completion of investigation.
Can police investigate further after filing a charge sheet?
Yes. Further investigation and supplementary reports are expressly recognised under Section 193(9) BNSS and, for cases governed by the former procedure, Section 173(8) CrPC. The BNSS imposes additional requirements for further investigation during trial.
Must the victim receive an investigation update?
Yes. Section 193(3)(ii) BNSS requires a progress update to the informant or victim within 90 days, including by electronic means.
Official statutes and references
Read the official Government of India text of Section 193 BNSS, the India Code legislative database for the BNSS, CrPC and applicable amendments, and the Press Information Bureau explanation of police accountability under the new criminal laws.