THE CODE OF CRIMINAL PROCEDURE, 1973: CHAPTER XII

CHAPTER XII - INFORMATION TO THE POLICE AND THEIR

POWERS TO INVESTIGATE

154. Information in cognizable cases -

(1) Every information relating to the commission of a cognizable offence, if given orally to an

officer in charge of a police station, shall be reduced to writing by him or under his direction, and

be read over to the informant; and every such information, whether given in writing or reduced

to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be

entered in a book to be kept by such officer in such form as the State Government may prescribe

in this behalf

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of

cost, to the informant

(3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to

record the information referred to in sub-section (1) may send the substance of such information,

in writing and by post, to the Superintendent of Police concerned who, if satisfied that such

information discloses the commission of a cognizable offence, shall either investigate the case

himself or direct an investigation to be made by any police officer subordinate to him, in the

manner provided by this Code, and such officer shall have all the powers of an officer in charge

of the police station in relation to that offence

Comments

(i) Section 154 speaks of an information relating to the commission of a cognizable offence

given to an officer-in-charge of police station Abzauddin Ansary v State of West Bengal, (1997)2

Crimes 53 (Cal) (DB)

(ii) The answer to the question whether the FIR in a given case has been

155. Information as to non-cognizable cases and investigation of such cases

(1) When information is given to an officer in charge of a police station of the commission

within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered

the substance of the information in a book to be kept by such officer in such form as the State

Government may prescribe in this behalf, and refer, the informant to the Magistrate

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate

having power to try such case or commit the case for trial

(3) Any police officer receiving such order may exercise the same powers in respect of the

investigation (except the power to arrest without warrant) as an officer in charge of a police

station may exercise in a cognizable case

(4) Where a case relates to two or more offences of which at least one is cognizable, the case

shall be deemed to be a cognizable case, notwithstanding that the other offences are noncognizable

156. Police officer's power to investigate cognizable cases

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate

any cognizable case which a Court having jurisdiction over the local area within the limits of

such station would have power to inquire into or try under the provisions of Chapter XIII

(2) No proceeding of a police officer in any such case shall at any stage be called in question on

the ground that the case was one which such officer was not empowered under this section to

investigate

(3) Any Magistrate empowered under section 190 may order such an investigation as abovementioned

Comments

(i) The Magistrate has no power to take cognizance of an offence on basis of private complaint

that resulted in submission of the report under section 173 consequent upon reference under

section 156 (3) when once he has accepted negative police report and closed the proceedings; S

D Soni v State of Gujarat, (1991) Cr LJ 330 (SC)

(ii) Rejection of prosecution case on ground of illegality or irregularity not proper; Leela Ram v

State of Haryana, 1999 (8) JT 274: 1999 (8) Supreme 631

(iii) Conclusion of Court cant not be allowed to base solely on the probity of investigation; State

of Karnataka v K Yarappa Reddy, 1994 (8) SCC 715: 1999 (6) Scale 330: 1999 (8) JT 10

157. Procedure for investigation

(1) If, from information received or otherwise, an officer in charge of a police station has reason

to suspect the commission of an offence which he is empowered under section 156 to investigate,

he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of

such offence upon a police report and shall proceed in person, or shall depute one of his

subordinate officers not being below such rank as the State Government may, by general or

special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and

circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the

offender:

Provided that—

(a) when information as to the commission of any such offence is given against any

person by name and the case is not of a serious nature, the officer in charge of a police

station need not proceed in person or depute a subordinate officer to make an

investigation on the spot;

(b) if it appears to the officer in charge of a police station that there is no sufficient

ground for entering on an investigation, he shall not investigate the case

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the

officer in charge of the police station shall state in his report his reasons for not fully complying

with the requirements to that sub-section, and, in the case mentioned in clause (b) of the said

proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be

prescribed by the State Government, the fact that he will not investigate the case or cause it to be

investigated

COMMENTS

Section 157 casts a duty upon the investigating officer to forthwith send the report of the

cognizable offence to the concerned Magistrate The purpose for forthwith sending the report to

the concerned Magistrate is to keep the concerned Magistrate informed of the investigation of a

cognizable offence so that he may be able to control the investigation and if required, to issue

appropriate directions Mere delay in the despatch of the FIR itself is no ground to throw away

the prosecution case in its entirety Sending the report to the concerned Magistrate is a

circumstance which provides a basis to raise suspicion that the FIR is the result of consultation

and deliberations and it was recorded much later than the date and time mentioned in it, and

discloses that the investigation is not fair and forth right; Swati Ram v State of Rajasthan, (1997)

2 Crimes 148 (Raj)

158. Report how submitted

(1) 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

(2) 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

159. 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

160. Police Officer's power to require attendance of witnesses

(1) 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:

Provided that no male person under the age of fifteen years or woman shall be required to

attend at any place other than the place in which such male person or woman resides

(2) The State Government may, by rules made in this behalf, provide for the payment by the

police officer of the reasonable expenses of every person, attending under sub-section (1) at any

place other than his residence ]

161. Examination of witnesses by police -

(1) 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

(2) Such person shall be bound to answer truly all questions relating to such case put to him by

such officer, other than questions the answers to which would have a tendency to expose him to a

criminal charge or to a penalty or forfeiture

(3) The police officer may reduce into writing any statement made to him in the course of an

examination under this section; and if he does so, he shall make a separate and true record of the

statement of each such person whose statement he records

Comments

(i) The value of prompt interrogation of a witness during investigation cannot be over

emphasised because the same eliminates to a very large extent, the possibility of an adulterated

occurrence creeping in the testimony of a witness; State of Maharashtra v Joseph Mingal Koli,

(1997) 2 Crimes 228 (Bom)

(ii) Investigating officer has to perform his duties with the sole object of investigating the

allegations and in the course of the investigation he has to take into consideration the relevant

material whether against or in favour of the accused; Mohd Jainal Aladin v State of Assam,

(1997)2 Crimes 660 (Gau)

(iii) Where the investigating officer had deliberately failed to record the FIR and prepared it after

reaching the spot after due deliberations, the investigation is tainted and it would be unsafe to

rely on such tainted investigation; Mantram v State of Madhya Pradesh, (1997) 2 Crimes 550

(MP)

(iv) Recording of statement of injured cannot be held to be admissible in Evidence Act under

section 32; Sukhas v State of Uttar Pradesh, 2000 Cr LJ 29 (SC)

(v) Court while using a previous statement recorded under section 161 Cr P, should bear in mind

the restrictions imposed under section 162 of Cr P; State of Kerala v Babu, 1999 AIR (SC) 2161:

1999 (4) SCC 621: 1999(3) JT 394: 1999 (3) Crimes 27 (SC)

(vi) Court's failure to put any question on reference to statement under section 161, advance

impression cannot be drawn by Court; Dandu Laxmi Reddy v State of Andhra Pradesh, 1999

AIR (SC) 3255: 1999 (7) SCC 69: 1999 (6) JT 166

162. Statements to police not to be signed: Use of statements in evidence

(1) No statement made by any person to a police officer in the course of an investigation under

this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such

statement or any record thereof, whether in a police diary or otherwise, or any part of such

statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial

in respect of any offence under investigation at the time when such statement was made:

Provided that when any witness is called for the prosecution in such inquiry or trial

whose statement has been reduced into writing as aforesaid, any part of his statement, if duly

proved, may be used by the accused, and with the permission of the Court, by the prosecution, to

contradict such witness in the manner provided by section 145 of the Indian Evidence Act, 1872

(1 of 1872); and when any part of such statement is so used, any part thereof may also be used in

the re-examination of such witness, but for the purpose only of explaining any matter referred to

in his cross-examination

(2) Nothing in this section shall be deemed to apply to any statement falling within the

provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872), or to affect

the provisions of section 27 of that Act

Explanation—An omission to state a fact or circumstance in the statement referred to in subsection

(1) may amount to contradiction if the same appears to be significant and otherwise

relevant having regard to the context in which such omission occurs and whether any omission

amounts to a contradiction in the particular context shall be a question of fact

Comments

(i) It is only that part of the statement if duly proved which may be used by the accused and with

the permission of the Court by the prosecution to contradict the witness concerned in the manner

provided by section 145 of the Indian Evidence Act; Mohd Jainal Abedin v State of Assam,

(1997) 2 Crimes 660 (Gau)

(ii) Statement of witness before investigating officer cannot be used as evidence; Ramprasad v

State of Maharashtra, 1999 AIR (SC) 1969: 1999 (5) SCC 30: 1999 (3) Scale 633: 1999 (4) JT

163. No inducement to be offered -

(1) No police officer or other person in authority shall offer or make, or cause to be offered or

made, any such inducement, threat or promise as is mentioned in section 24 of the Indian

Evidence Act, 1872 (1 of 1872)

(2) But no police officer or other person shall prevent, by any caution or otherwise, any person

from making in the course of any investigation under this Chapter any statement which he may

be disposed to make of his own free will:

Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of

section 164

164. Recording of confessions and statements

(1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction

in the case, record any confession or statement made to him in the course of an investigation

under this Chapter or under any other law for the time being in force, or at any time afterwards

before the commencement of the inquiry or trial:

Provided that no confession shall be recorded by a police officer on whom any power of a

Magistrate has been conferred under any law for the time being in force

(2) The Magistrate shall, before recording any such confession, explain to the person making it

that he is not bound to make a confession and that, if he does so, it may be used as evidence

against him; and the Magistrate shall not record any such confession unless, upon questioning

the person making it, he has reason to believe that it is being made voluntarily

(3) If at any time before the confession is recorded, the person appearing before the Magistrate

states that he is not willing to make the confession, the Magistrate shall not authorise the

detention of such person in police custody

(4) Any such confession shall be recorded in the manner provided in section 281 for recording

the examination of an accused person and shall be signed by the person making the confession;

and the Magistrate shall make a memorandum at the foot of such record to the following

effect:—

"I have explained to (name) that he is not bound to make a confession and that, if he does so, any

confession he may make may be used as evidence against him and I believe that this confession

was voluntarily made It was taken in my presence and hearing, and was read over to the person

making it and admitted by him to be correct, and it contains a full and true account of the

statement made by him

(Signed) AB

Magistrate"

(5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such

manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate,

best fitted to the circumstances of the case; and the Magistrate shall have power to administer

oath to the person whose statement is so recorded

(6) The Magistrate recording a confession or statement under this section shall forward it to the

Magistrate by whom the case is to be inquired into or tried

STATE AMENDMENT

Andaman and Nicobar Islands and Lakshadweep:

After sub-section (1) of section 164, the following sub-section shall be inserted, namely:—

"(1A) Where, in any island, there is no Judicial Magistrate for the time being, and the State

Government is of opinion that it is necessary and expedient so to do that Government may, after

consulting the High Court, specially empower any Executive Magistrate (not being a police

officer), to exercise the powers conferred by sub-section (1) on a Judicial Magistrate, and

thereupon references in section 164 to a Judicial Magistrate shall be construed as references to

the Executive Magistrate so empowered"

[Vide Regulation 1 of 1974, sec 5 (wef 30-3-1974)

Comments

(i) It is not necessary under section 164 of the Code that the Magistrate should be moved by the

police in order that he might record a statement; Valasamma Mst v State of Rajasthan, (1997) 2

Crimes 651 (Raj)

(ii) There is nothing preventing the witness to go to the Magistrate and request him to record

statement, but there is always a discretion with the Magistrate to refuse to record the statement;

Valasamma Mst v State of Rajasthan, (1997) 2 Crimes 651 (Raj)

165 Search by police officer –

(1) Whenever an officer in charge of police station or a police officer making an investigation

has reasonable grounds for believing that anything necessary for the purposes of an investigation

into any offence which he is authorised to investigate may be found in any place within the limits

of the police station of which he is in charge, or to which he is attached, and that such thing

cannot in his opinion be otherwise obtained without undue delay, such officer may, after

recording in writing the grounds of his belief and specifying in such writing, so far as possible,

the thing for which search is to be made, search, or cause search to be made, for such thing in

any place within the limits of such station

(2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in

person

(3) If he is unable to conduct the search in person, and there is no other person competent to

make the search present at the time, he may, after recording in writing his reasons for so doing,

require any officer subordinate to him to make the search, and he shall deliver to such

subordinate officer an order in writing, specifying the place to be searched, and so far as

possible, the thing for which search is to be made; and such subordinate officer may thereupon

search for such thing in such place

(4) The provisions of this Code as to search-warrants and the general provisions as to searches

contained in section 100 shall, so far as may be, apply to a search made under this section

(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to

the nearest Magistrate empowered to take cognizance to the offence, and the owner or occupier

of the place searched shall, on application, be furnished, free of cost, with a copy of the same by

the Magistrate

166. When officer in charge of police station may require another to issue search-warrant

(1) An officer in charge of a police station or a police officer not being below the rank of sub-

Inspector making an investigation may require an officer in charge of another police station,

whether in the same or a different district, to cause a search to be made in any place, in any case

in which the former officer might cause such search to be made, within the limits of his own

station

(2) Such officer, on being so required, shall proceed according to the provisions of section 165,

and shall forward the thing found, if any, to the officer at whose request the search was made

(3) Whenever there is reason to believe that the delay occasioned by requiring an officer in

charge of another police station to cause a search to be made under

sub-section (1) might result in evidence of the commission of an offence being concealed or

destroyed, it shall be lawful for an officer in charge of a police station or a police officer making

any investigation under this Chapter to search, or cause to be searched, any place in the limits of

another police station in accordance with the provisions of section 165, as if such place were

within the limits of his own police station

(4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the

search to the officer in charge of the police station within the limits of which such place is

situate, and shall also send with such notice a copy of the list (if any) prepared under section 100,

and shall also send to the nearest Magistrate empowered to take cognizance of the offence,

copies of the records referred to in sub-sections (1) and (3) of section 165

(5) The owner or occupier of the place searched shall, on application, be furnished free of cost

with a copy of any record sent to the Magistrate under sub-section (4)

166A. Letter of request to competent authority for investigation in a country or place

outside India -

(1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an

offence, an application is made by the investigating officer or any officer superior in rank to the

investigating officer that evidence may be available in a country or place outside India, any

Criminal Court may issue letter of request to a Court or an authority in that country or place

competent to deal with such request to examine orally any person supposed to be acquainted

with the facts and circumstances of the case and to record his statement made in the course of

such examination and also to require such person or any other person to produce any document

or thing which may be in his possession pertaining to the case and to forward all the evidence so

taken or collected or the authenticated copies thereof or the thing so collected to the Court

issuing such letter

(2) The letter of request shall be transmitted in such manner as the Central Government may

specify in this behalf

(3) Every statement recorded or document or thing received under sub-section (1) shall be

deemed to be the evidence collected during the course of investigation under this Chapter

166B. Letter of request from a country or place outside India to a Court or an authority for

investigation in India

(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside

India competent to issue such letter in that country or place for the examination of any person or

production of any document or thing in relation to an offence under investigation in that country

or place, the Central Government may, if it thinks fit—

(i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or

such Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who

shall thereupon summon the person before him and record his statement or cause the

document or thing to be produced, or

(ii) send the letter to any police officer for investigation, who shall thereupon investigate

into the offence in the same manner, as if the offence had been committed within India

(2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or

the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be,

to the Central Government for transmission to the Court or the authority issuing the letter of

request, in such manner as the Central Government may deem fit

167. Procedure when investigation cannot be completed in twenty-four hours

(1) Whenever any person is arrested and detained in custody, and it appears that the investigation

cannot be completed within the period of twenty-four hours fixed by section 57, and there are

grounds for believing that the accusation or information is

well-founded, the officer in charge of the police station or the police officer making the

investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest

Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case,

and shall at the same time forward the accused to such Magistrate

(2) The Magistrate to whom an accused person is forwarded under this section may, whether he

has or has not jurisdiction to try the case, from time to time, authorise the detention of the

accused in such custody as such Magistrate thinks fit, a term not exceeding fifteen days in the

whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further

detention unnecessary, he may order the accused to be forwarded to a Magistrate having such

jurisdiction:

Provided that—

(a) the Magistrate may authorise the detention of the accused person, otherwise than in

the custody of the police, beyond the period of fifteen days, if he

is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the

detention of the accused person in custody under this paragraph for a total period

exceeding—

(i) ninety days, where the investigation relates to an offence punishable with

death, imprisonment for life or imprisonment for a term of not less than ten years;

(ii) sixty days, where the investigation relates to any other offence, and, on the

expiry of the said period of ninety days, or sixty days, as the case may be, the

accused person shall be released on bail if he is prepared to and does furnish bail,

and every person released on bail under this sub-section shall be deemed to be to

released under the provisions of Chapter XXXIII for the purposes of that Chapter;

(b) no Magistrate shall authorise detention in any custody under this section unless the

accused is produced before him;

Court, shall authorise detention in the custody of the police

Explanation I—For the avoidance of doubts, it is hereby declared that, notwithstanding the

expiry of the period specified in paragraph (a), the accused shall be detained in custody so long

as he does not furnish bail

Explanation II—If any question arises whether an accused person was produced before the

Magistrate as required under paragraph (b), the production of the accused person may be proved

by his signature on the order authorising detention

(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in

charge of the police station or the police officer making the investigation, if he is not below the

rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest

Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate

have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case,

and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon

such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of

the accused person in such custody as he may think fit for a term not exceeding seven days in the

aggregate; and on the expiry of the period of detention so authorised, the accused person shall be

released on bail except where an order for further detention of the accused person has been made

by a Magistrate competent to make such order; and, where an order for such further detention is

made, the period during which the accused person was detained in custody under the orders

made by an Executive Magistrate under this sub-section, shall be taken into account in

computing the period specified in paragraph (a) of the proviso to sub-section (2):

Provided that before the expiry of the period aforesaid, the Executive Magistrate shall

transmit to the nearest Judicial Magistrate the records of the case together with a copy of the

entries in the diary relating to the case which was transmitted to him by the officer in charge of

the police station or the police officer making the investigation, as the case may be

(3) A Magistrate authorising under this section detention in the custody of the police shall record

his reasons for so doing

(4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a

copy of his order, with his reasons for making it, to the Chief Judicial Magistrate

(5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded

within a period of six months from the date on which the accused was arrested, the Magistrate

shall make an order stopping further investigation into the offence unless the officer making the

investigation satisfies the Magistrate that for special reasons and in the interests of justice the

continuation of the investigation beyond the period of six months is necessary

(6) Where any order stopping further investigation into an offence has been made under subsection

(5), the Sessions Judge may, if he is satisfied, on an application made to him or

otherwise, that further investigation into the offence ought to be made, vacate the order made

under sub-section (5) and direct further investigation to be made into the offence subject to such

directions with regard to bail and other matters as he may specify

STATE AMENDMENTS

Andaman and Nicobar Islands and Lakshadweep :

In section 167,—

(i) in sub-section (1) after the words "nearest Judicial Magistrate" the words "or, if there is no

Judicial Magistrate in an island, to an Executive Magistrate functioning in that island" shall be

inserted;

(ii) after sub-section (1), the following sub-section shall be inserted, namely:—

"(1A) Where a copy of the entries in diary is transmitted to an Executive Magistrate, reference in

section 167 to a Magistrate shall be construed as references to such Executive Magistrate;"

(iii) to sub-section (3), the following proviso shall be added, namely:—

"Provided that no Executive Magistrate other than the District Magistrate or Subdivisional

Magistrate, shall unless he is specially empowered in this behalf by the State

Government, authorise detention in the custody of the police"

(iv) to sub-section (4), the following proviso shall be added, namely:—

" Provided that, where such order is made by an Executive Magistrate, the Magistrate making the

order shall forward a copy of the order, with his reasons for making it, to the Executive

Magistrate to whom he is immediately subordinate"

[Vide Regulation 1 of 1974, sec 5 (wef 30-3-1974)

Gujarat:

In the proviso to sub-sec (2) of section 167,—

(i) for paragraph (a), the following paragraph shall be substituted, namely:—

"(a) the Magistrate may authorise detention of the accused person otherwise than in the custody

of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for

doing so, but no Magistrate shall authorise the detention of the accused person in custody under

this section for a total period exceeding—

(i) one hundred and twenty days, where the investigation relates to an offence punishable with

death, imprisonment for life or imprisonment for a term of not less than ten years,

(ii) sixty days, where the investigation relates to any offence;

and on the expiry of the said period of one hundred and twenty days, or sixty days, as the case

may be, the accused person shall be released on bail if he is prepared to and does furnish bail,

and every person released on bail under this section shall be deemed to be so released under the

provisions of Chapter XXXIII for the purposes of that Chapter;

(ii) in paragraph (b), for the words " no Magistrate shall" the words " no Magistrate shall, except

for reason to be recorded in writing" shall be substituted;

(iii) the Explanation shall be numbered as Explanation II, and before Explanation II as so

remembered, the following Explanation shall be inserted, namely:—

Explanation I—For the avoidance of doubts, it is hereby declared that, notwithstanding the

expiry of the period specified in paragraph (a) the accused person shall be detained in custody so

long as he does not furnish bail

Amendment to apply to pending investigation—The provisions of section 167 of the Code of

Criminal Procedure, 1973, as amended by this Act, shall apply to every investigation pending

immediately, before the commencement of this Act, if the period of detention of the accused

person, otherwise than in the custody of the police authorised under that section, had not, at such

commencement, exceeded sixty days

[Vide President Act 21 of 1976 (wef 7-5-1976)

Haryana:

After section 167, insert the following section namely:—

168. Report of investigation by subordinate police officer –

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

169. Release of accused when evidence deficient –

If, upon an investigation under this Chapter, it appears to the officer in charge of the police

station that there is not sufficient, evidence or reasonable ground of suspicion to justify the

forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release

him on his executing a bond, with or without sureties, as such officer may direct, to appear, if

and when so required, before a Magistrate empowered to take cognizance of the offence on a

police report, and to try the accused or commit him for trial

Comments

Magistrate took cognizance on police report and not on protest petition deemed to have taken

cognizance under section 190(1)(b) is cannot be termed to be illegal; Jabaruddin v State of Uttar

Pradesh, 2000 Cr LJ 158 (All)

170. Cases to be sent to Magistrate when evidence is sufficient -

(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police

station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall

forward the accused under custody to a Magistrate empowered to take cognizance of the offence

upon a police report and to try the accused or commit him for trial, or, if the offence is bailable

and the accused is able to give security, shall take security from him for his appearance before

such Magistrate on a day fixed and for his attendance from day to day before such Magistrate

until otherwise directed

(2) When the officer in charge of a police station forwards an accused person to a Magistrate or

takes security for his appearance before such Magistrate under this section, he shall send to such

Magistrate any weapon or other article which it may be necessary to produce before him, and

shall require the complainant (if any) and so many of the persons who appear to such officer to

be acquainted with the facts and circumstances of the case as he may think necessary, to execute

a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the

case may be) in the matter of the charge against the accused

(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be

held to include any Court to which such Magistrate may refer the case for inquiry or trial,

provided reasonable notice of such reference is given to such complainant or persons

(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the

persons who executed it, and shall then send to the Magistrate the original with his report

171. Complainant and witnesses not to be required to accompany police officer and not to

be subject to restraint

No complainant or witness on his way to any Court shall be required to accompany a police

officer, or shall be subject to unnecessary restraint or inconvenience, or required to give any

security for his appearance other than his own bond:

Provided that, if any complainant or witness refuses to attend or to execute a bond as

directed in section 170, the officer in charge of the police station may forward him in custody to

the Magistrate, who may detain him in custody until he executes such bond, or until the hearing

of the case is completed

172. Diary of proceeding in investigation

(1) Every police officer making an investigation under this Chapter shall day by day enter his

proceeding in the investigation in a diary, setting forth the time at which the information reached

him, the time at which he began and closed his investigation, the place or places visited by him,

and a statement of the circumstances ascertained through his investigation

(2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such

Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial

(3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or

they be entitled to see them merely because they are referred to by the Court; but, if they are used

by the police officer who made them to refresh his memory, or if the Court uses them for the

purpose of contradicting such police officer, the provisions of section 161 or section 145, as the

case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply

173. Report of police officer on completion of investigation -

(1) Every investigation under this Chapter shall be completed without unnecessary delay

(2) (i) 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—

(a) the names of the parties;

(b) the nature of the information;

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

(ii) The officer shall also communicate, in such manner as may be prescribed by the State

Government, the action taken by him, to the person, if any whom the

information relating to the commission of the offence was first given

(3) 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

(4) 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

(5) When such report is in respect of a case to which section 170 applies, the police officer shall

forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely

other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 161 of all the persons whom the

prosecution proposes to examine as its witnesses

(6) If the police officer is of opinion that any part of any such statement is not relevant to the

subject-matter of the proceeding or that its disclosure to the accused is not essential in the

interests of justice and is inexpedient in the public interest, he shall indicate that part of the

statement and append a note requesting the Magistrate to exclude that part from the copies to be

granted to the accused and stating his reasons for making such request

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to

the accused copies of all or any of the documents referred to in

sub-section (5)

(8) Nothing in this section shall be deemed to preclude further investigation in respect of an

offence after a report under sub-section (2) has been forwarded to the Magistrate and, where

upon such investigation, the officer in charge of the police station obtains further evidence, oral

or documentary, he shall forward to the Magistrate a further report or reports regarding such

evidence in the form prescribed; and the provisions of sub-sections (2) to (6) shall, as far as may

be, apply in relation to such report or reports as they apply in relation to a report forwarded under

sub-section (2)

Comments

(i) The "police report" (result of investigation under Chapter XII of the Code of Criminal

Procedure is a conclusion that an investigating officer draws on the basis of materials collected

during investigation and such conclusion can only form the basis of a competent Court to take

cognizance there upon under section 190 (1) (b) of the Code and to proceed with the case for

trial, and it cannot rely on the investigation or the result thereof; Kaptan Singh v State of Madhya

Pradesh, (1997) 4 Supreme 211

(ii) Criminal Procedure Code, 1973 section 173 (8) - reinvestigation - Power of police to conduct

further investigation, even after laying final report, is recognised under section 173 (8) of Cr P;

Sri BSSVVV Maharaj v State of Uttar Pradesh, 1999 Cr LJ 3661 (SC)

(iii) Direction to police to conduct further investigation of case Court not obliged to hear the

accused; Shri Bhagwan Samardha Sree Pada Vallabha Venkata Vishwandadha Maharaj v State

of Andhra Pradesh, 1999 AIR (SC) 2332: 1999 (5) SC C 740: 1999 (4) JT 537 ]

174. Police to inquire and report on suicide, etc

(1) When the officer in charge of a police station or some other police officer specially

empowered by the State Government in that behalf receives information that a person has

committed suicide, or has been killed by another or by an animal or by machinery or by an

accident, or has died under circumstances raising a reasonable suspicion that some other person

has committed an offence, he shall immediately give intimation thereof to the nearest Executive

Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by

the State Government, or by any general or special order of the District or Sub-divisional

Magistrate, shall proceed to the place where the body of such deceased person is, and there, in

the presence of two or more respectable inhabitants of the neighbourhood shall make an

investigation, and draw up a report of the apparent cause of death, describing such wounds,

fractures, bruises, and other marks of injury as may be found on the body, and stating in what

manner, or by what weapon or instrument (if any); such marks appear to have been inflicted

(2) The report shall be signed by such police officer and other persons, or by so many of them as

concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional

Magistrate

(3) When—

(i) the case involves suicide by a woman within seven years of her marriage; or

(ii) the case relates to the death of a woman within seven years of her marriage in any

circumstances raising a reasonable suspicion that some other person committed an

offence in relation to such woman; or

(iii) the case relates to the death of a woman within seven years of her marriage and any

relative of the woman has made a request in this behalf; or

(iv) there is any doubt regarding the cause of death; or

(v) the police officer for any other reason considers it expedient so to do, he shall, subject

to such rules as the State Government may prescribe in this behalf, forward the body,

with a view to its being examined, to the nearest Civil Surgeon, or other qualified

medical man appointed in this behalf by the State Government, if the state of the weather

and the distance admit of its being so forwarded without risk of such putrefaction on the

road as would render such examination useless

(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate

or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this

behalf by the State Government or the District Magistrate

175. Power to summon persons

(1) A police officer proceeding under section 174 may, by order in writing, summon two or more

persons as aforesaid for the purpose of the said investigation, and any other person who appears

to be acquainted with the facts of the case and every person so summoned shall be bound to

attend and to answer truly all questions other than questions the answers to which have a

tendency to expose him to a criminal charge or to a forfeiture

(2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons

shall not be required by the police officer to attend a Magistrate's Court

176. Inquiry by Magistrate into cause of death -

(1) When any person dies while in the custody of the police or when the case is of the nature

referred to in clause (i) or clause (ii) of sub-section (3) of section 174, the nearest Magistrate

empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section

174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of,

or in addition to, the investigation held by the police officer; and if he

does so, he shall have all the powers in conducting it which he would have in holding an inquiry

into an offence

(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection

therewith in any manner hereinafter prescribed according to the circumstances of the case

(3) Whenever such Magistrate considers it expedient to make an examination of the dead body of

any person who has been already interred, in order to discover the cause of his death, the

Magistrate may cause the body to be disinterred and examined

(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable,

inform the relatives of the deceased whose names and addresses are known, and shall allow them

to remain present at the inquiry

Explanation—In this section, the expression "relative" means parents, children brothers, sisters

and spouse