Supreme Court has Laid Down Detailed Guidelines on Requirements for Police Reports/Chargesheets under Section 173(2) CrPC
The Supreme Court in Dablu Kujur v. The State Of Jharkhand (Neutral Citation: 2024 INSC 197) has issued comprehensive guidelines specifying the mandatory requirements that police officers must comply with while submitting the police report/chargesheet under Section 173(2) of the Criminal Procedure Code after completing an investigation.
The instant case came to the Supreme Court through an appeal filed by the appellant-accused challenging the High Court's dismissal of his bail application in a murder case. The appellant-accused challenged the impugned judgment and order dated 17.01.2023 passed by the High Court of Jharkhand at Ranchi, whereby the High Court dismissed his bail application in respect of FIR for offenses under Sections 302, 120-B/34 of IPC and Section 25(1-B) of the Arms Act. On 17.07.2023, a Supreme Court bench comprising Justices Sanjiv Khanna and Bela M. Trivedi passed an order observing that the chargesheet submitted by the police was bereft of details and particulars. The Court directed the Director General of Police (DGP), Jharkhand to examine whether the chargesheet complied with the law and take appropriate steps if such chargesheets were being filed. Similar directions were issued to the DGPs of Bihar and Uttar Pradesh, as the Court was informed that similar chargesheets lacking details were being filed in these states as well. In compliance with the Supreme Court's order, affidavits were filed on behalf of the states of Jharkhand, Uttar Pradesh, and Bihar regarding the steps taken/being taken for submitting chargesheets/police reports in accordance with the law. The Supreme Court deemed it necessary to elaborately deal with various aspects of Section 173(2) of the Code of Criminal Procedure, which pertains to the police officer's report on the completion of the investigation.
The Supreme Court elaborately dealt with various aspects of Section 173(2) of the Code of Criminal Procedure, which pertains to the police officer's report on the completion of the investigation. The Court observed that the police report is a crucial document that allows the accused to prepare a defense in front of the court. Hence, it is necessary for the investigating officer to strictly comply with the requirements of this provision. The Court noted that the form of the report to be submitted under Section 173(2) is prescribed by the State Government, and each State has its own Police Manual to be followed by police officers. However, the mandatory requirements to be complied with by such officers in the police report/chargesheet are laid down in Section 173, particularly sub-section (2)
The Court highlighted that the police report submitted under Section 173(2) forms the basis for the competent court to take cognizance of the offense. It is an opinion or intimation of the investigating officer to the concerned court regarding an offense committed or not committed by the accused.
Considering the significance of compliance with Section 173(2), the Supreme Court issued the following guidelines for police officers submitting chargesheets/police reports. The police report shall contain:
(i) Prescribed details like names of parties, nature of information, acquainted persons, offense details, accused's custody status, etc.
(ii) If no sufficient evidence against the accused, a clear statement on compliance with Section 169 CrPC.
(iii) All documents/extracts as per Section 173(5) if Section 170 CrPC is applicable.
In addition to this, the court emphasized that Investigating officers must strictly comply with Section 173(2) requirements as the report forms the basis for the court to take cognizance. Further, Partial chargesheets and delayed submission of documents under 173(5) can be grounds for default bail claims.
This decision provides clear and extensive guidelines to ensure full compliance by investigating agencies with the statutory requirements for police reports under Section 173(2) CrPC. moreover, it also strengthens the position of the accused by realizing their right to be able to present his case and also to be eligible for default bail in case of Partial chargesheets submissions, delayed submission of documents under 173(5)