12 March 2024 Evidence >> Criminal Law   |   Investigation >> Criminal Law  

In a recent landmark order, the Supreme Court of India has underscored the critical role of police reports (chargesheets) in criminal proceedings. The order emphasizes strict adherence to the mandatory requirements outlined in Section 173(2) of the Code of Criminal Procedure (Cr.P.C.) for the aforementioned reports.

Importance of Section 173(2) Cr.P.C. Compliance:

The Court reiterates the pivotal function of Section 173(2) Cr.P.C. This provision mandates that police reports submitted upon the culmination of an investigation must contain specific details. These details serve as the foundation upon which the court takes cognizance of the case and initiates the judicial process.

Mandatory Elements of a Police Report:

The order emphasizes the inclusion of the following elements within a police report, as mandated by Section 173(2) Cr.P.C.:

• Parties Involved: Names of the complainant and accused.
• Nature of the Complaint: A concise description of the alleged offense.
• Witnesses: Identification of individuals with knowledge of the case's circumstances.
• Offense Determination: Clear indication of whether a crime is believed to have transpired and, if so, the identity of the suspected perpetrator(s).
• Accused Status: Information regarding the accused's arrest, release on bail (with or without sureties), or continued custody under Section 170 Cr.P.C.
• Medical Examination Reports (if applicable): Attachment of such reports in cases involving offenses under specific sections of the Indian Penal Code (IPC).

Addressing Incomplete Investigations and Selective Charges:

The order clarifies the approach to be taken in situations where the investigation remains incomplete or charges are not pressed against all suspects named in the initial FIR. The Court clarifies that a chargesheet adhering to the mandated format can still be submitted for those charges ready to proceed, even if further investigation is ongoing with respect to other accused individuals.

Strict Enforcement and Non-Compliance Consequences:

The Court has issued a stern directive to police stations across India, mandating strict compliance with the stipulated format for police reports. Any deviation from these requirements will be met with serious repercussions by the courts where the chargesheets are presented.

Significance of the Order:

This landmark order represents a significant step towards the standardization and enhancement of police reports in India. Comprehensive and well-structured reports are crucial for streamlining the criminal justice system. They provide a clear picture of the investigation's findings, enabling courts to make informed decisions and facilitate a fair and efficient trial process.

By mandating specific details within police reports and enforcing strict compliance, the Supreme Court endeavors to bolster the foundation of criminal cases in India. This, in turn, fosters a more reliable and efficient system for delivering justice.