Short note on Police Report [R.J.S. 1976]

As per section 2(r) of CrPC, the expression “police report” has been defined under the Code of Criminal Procedure as meaning a report forwarded by a Police Officer to a Magistrate under sub-section (2) of Section 173.

The report under Section 173 is a report on the results of the investigation made under Chapter XIV, which means an investigation made under Section 155 (2) or Section 156.

The ‘Police report’ which Section 173 contemplates cannot, therefore, be a report of a case in respect of which no investigation under Chapter XIV has taken place or is possible.

There are three different kinds of reports to be made by police officers at three different stages of the investigation.

(1) Section 157 requires a preliminary report from the officer in charge of a police station to the Magistrate.

(3) Section 173 requires a final report of the police officer as soon as investigation is completed to the Magistrate. The report under Subsection (2) of Section 173 is called Completion Report also known as the Charge Sheet.

The police report under Section 173 will contain the facts and conclusions drawn by police therefrom. Section 173, CrPC. places a mandatory duty upon the Investigating Officer to place all detailed materials, both oral and documentary, before the Magistrate, so that he may consider the same and decide for himself whether it is a fit case for taking cognizance or not.

When an investigation leads to a final report as contemplated by Section 173, the competent court is obligated to conduct a thorough examination of the final report and accompanying documents by applying its judicial mind before deciding whether to accept or reject the final report.