The Supreme Court has emphasized the strict compliance with Section 173(2), While deciding a criminal appeal.

In deciding the criminal appeal in the case of Dablu Kujur Vs The State Of Jharkhand, the Supreme Court has set the guidelines for filing police report in compliance with the Section 173(2) Cr.P.C as it can provide grounds for accused to challenge the investigation.

The court asserted “Chargesheets Must Comply with Section 173(2) Cr.P.C. to Avoid Legal Issues”

The Section 173(2) of the Code of Criminal Procedure (Cr.P.C.) mandates specific requirements for the report submitted by police officers upon completing an investigation. These requirements are crucial as the report forms the basis for the court's cognizance of an offense.

Purpose of Section 173(2):

-Outlines the details required in the report, including: names of parties, nature of information, witnesses, suspected offenses, custody status of accused, and medical examination reports in sexual offense cases. -Guides the investigating officer on actions regarding arrested persons, including release on bond, custody, and forwarding to a Magistrate. -Provides a framework for further investigation and submission of additional reports.

Non-Compliance with Section 173(2) Raises Legal Issues:

-Incomplete reports may hinder the court's ability to assess the evidence and take appropriate action. -Omission of necessary documents or statements can impact the accused's right to a fair trial. -Non-compliance can lead to questions about the validity of the chargesheet and potential grounds for default bail under Section 167(2) Cr.P.C.

Supreme Court's Directives for Compliance:

The Supreme Court has emphasized the importance of strict compliance with Section 173(2) and held the report must include all mandatory details and documents, including medical examination reports in sexual offense cases.
The officer in charge of the police station must clearly state the reasons for not forwarding the accused to a Magistrate if sufficient evidence or suspicion is lacking.

Consequences of Non-Compliance:

-Courts may dismiss incomplete chargesheets, leading to delays or dismissal of cases.
-It can provide grounds for the accused to challenge the validity of the investigation and charges.
-Non-compliance can result in disciplinary action against the investigating officer.

In conclusion, the Supreme Court has directed that the report of police officer upon completion of the investigation shall contain as follows:
17. Ergo, having regard to the provisions contained in Section 173 it is hereby directed that the Report of police officer on the completion of investigation shall contain the following: -
(i) 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, whether with or without sureties;
(g) whether he has been forwarded in custody under section 170.
(h) Whether the report of medical examination of the woman has been attached where investigation relates to an offence under [sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860)” (ii) If upon the completion of investigation, there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, the Police officer in charge shall clearly state in the Report about the compliance of Section 169 Cr.PC.
(iii) When the report in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report, all the documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; and the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.
(iv) In case of further investigation, the Police officer in charge shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed and shall also comply with the details mentioned in the above sub para (i) to (iii).”

Strict adherence to Section 173(2) Cr.P.C. is essential for ensuring the integrity of police investigations and the efficient administration of justice. Failure to comply with these requirements can result in significant legal complications and hinder the outcome of criminal cases. The Supreme Court also directed all the in charge of the Police Stations, in ever state, to comply with these directions and also warn against failure to comply and implied a direction to the concerned court to take strict action.

BETWEEN: DABLU KUJUR VS THE STATE OF JHARKHAND (CRIMINAL APPEAL NO. 1511 OF 2024)
CORAM: JUSTICE BELA M. TRIVEDI, J.
Date: 12/03/2024