Introduction

Section 173(8) of Criminal Procedure Code (CrPC) deals with further investigation and supplementary report. It is a newly inserted provision in the CrPC, 1973, which was added on the recommendation of the Law Commission in its 41st Report. It provides the right to the police to make further investigation in a case. This provision was introduced that statutorily accoutred the police to investigate further after submission of the final report u/s 173(2) of the Cr.P.C.

Subodh Jain v. State Of U.P And Others [CRIMINAL MISC. WRIT PETITION No. – 6555 of 2021], 2022 LiveLaw (AB) 198

Recently, the Allahabad High Court observed that police have unfettered powers of investigation. It added that the investigation by the police can continue even after the charge sheet has been filed u/s 173 (2) CrPC and cognizance has been taken thereon. The bench of Justices Anjani Kumar Mishra and Deepak Verma held that “…A Police Officer can suo motu make further investigations in cognizable cases…No permission of the Magistrate is required for carrying out further investigation…”.

Scope

Section 173(8) of the Code of Criminal Procedure, 1973

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).

Explanation to the aforesaid provision

• Further investigation can be done in respect of an offence wherein report under Section 173(2) has been forwarded to the Magistrate; and
• During further investigation, the officer-in-charge has power (a) to obtain further evidence, oral or documentary, (b) to forward to the Magistrate, a further report or reports regarding such evidence in the form prescribed,
• The provisions of sub-sections (2) to (6) shall, as far as may be, apply in relation to such further report or reports. Sub-section (1) of Section 173 of CrPC provides that every investigation by the police shall be completed without unnecessary delay and sub-section (2) of Section 173 CrPC provides that as soon as such investigation 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.

Under sub-section (2) of Section 173, a police report (Charge-sheet or Challan) is filed by the police after investigation is complete.

Meaning of ‘further investigation’

In the case of ‘Rama Chaudhary v. State of Bihar (2009) 6 SCC 346’, the Supreme Court held that ‘further investigation within the meaning of provision of Section 173(8) CrPC is additional; more; or supplemental.

The Apex Court in its judgement in the case of Vinay Tyagi v. Irshad Ali, (2013 (5) SCC 762) stated that “Section 173(8) of the CrPC deals with further investigation in which the police officer is expected to file any oral or documentary evidences with the objective to help court proceeding and speed up the trial which shall not be misused to divert the judiciary in delivering justice.”

“Further investigation” may be defined as the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started ab initio wiping out the earlier investigation altogether.’

In the case of Luckose Zachariah @ Zak Nedumchira Luke and Others v. Joseph Joseph and Others, 2022 LiveLaw (SC) 230, the Apex Court held that “In view of the clear position of law, it is necessary for the Magistrate, to have due regard to both the reports, the initial report which was submitted under Section 173(2) as well as the supplementary report which was submitted after further investigation in terms of Section 173(8). It is thereafter that the Magistrate would have to take a considered view in accordance with law as to whether there is ground for presuming that the persons named as accused have committed an offence.”