Section 193 of BNSS, 2023 — Report of Police Officer on Completion of Investigation

Introduction

Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the report submitted by the police officer to the Magistrate after completion of an investigation. This report is commonly described as the police report or final report and forms the procedural link between police investigation and judicial proceedings.

The provision requires the officer in charge of the police station to forward the report to the Magistrate empowered to take cognizance of the offence on a police report. It specifies the particulars to be included in the report and contains important provisions concerning communication with the informant, forwarding of relevant documents, statements and other material, and the conduct of further investigation.

Section 193 substantially corresponds to Section 173 of the Code of Criminal Procedure, 1973, but BNSS introduces and expressly incorporates several procedural features relating to electronic communication, audio-video means, forensic investigation and the supply of material to the Magistrate.

Meaning of Report of Police Officer on Completion of Investigation

The report under Section 193 is the formal report submitted by the police after the completion of investigation.

It communicates the result of the investigation to the competent Magistrate and contains the particulars required by the statute.

The report enables the Magistrate to consider the result of the police investigation and take further action in accordance with BNSS.

The report must be distinguished from the case diary maintained under Section 192. The case diary records the progress of the investigation, whereas the report under Section 193 formally communicates the result of the completed investigation to the Magistrate.

Statutory Basis

The statutory basis is Section 193 of BNSS, 2023.

Section 193 deals with:

• Completion of investigation.
• Submission of the police report to the Magistrate.
• Particulars to be included in the report.
• Communication of action taken to the informant or victim.
• Forwarding of documents and relevant statements.
• Further investigation after submission of the report.
• Supplementary reports following further investigation.

The corresponding provision under the Code of Criminal Procedure, 1973 was Section 173.

Object and Purpose

Section 193 serves several important purposes.

• To formally bring the result of police investigation before the competent Magistrate.
• To ensure that the Magistrate receives the statutory particulars relating to the case.
• To provide a structured record of the police conclusion after investigation.
• To facilitate the transition from investigation to judicial proceedings.
• To ensure that relevant documents and statements are placed before the Magistrate in accordance with law.
• To enable further investigation where legally permissible.
• To promote the use of electronic and audio-video procedures in appropriate stages of criminal investigation.
• To ensure communication of the action taken to the informant or victim where required.

The provision does not permit the police to finally determine the guilt or innocence of an accused. The police report represents the result of investigation, while the subsequent exercise of judicial powers belongs to the competent court.

Nature of the Police Report

The report under Section 193 is a statutory report prepared at the conclusion of investigation.

It is the result of the investigating agency’s assessment of the material collected during the investigation.

Depending on the result of investigation, the report may indicate that sufficient material exists for the case to proceed against one or more persons, or it may indicate that the investigation has not produced sufficient material against the person concerned.

The Magistrate is not bound merely to accept the conclusion of the investigating officer. The competent court exercises its powers independently in accordance with the provisions of BNSS.

Essential Contents of the Police Report

The police report must contain the particulars required by Section 193.

1. Names of the Parties

The report must contain the names of the parties involved in the case.

This enables the Magistrate to identify the persons connected with the proceedings.

2. Nature of the Information

The report must state the nature of the information that led to the investigation.

This provides the Magistrate with the basic procedural context of the case.

3. Names of Persons Acquainted with the Circumstances of the Case

The report must contain the names of persons who appear to be acquainted with the circumstances of the case.

These persons may include witnesses or others possessing relevant knowledge concerning the alleged offence.

4. Whether an Offence Appears to Have Been Committed

The report must state whether an offence appears to have been committed.

This is one of the central conclusions emerging from the investigation.

5. Identification of the Accused

The report must identify the person who appears to have committed the offence, where such identification is made on the basis of the investigation.

6. Arrest Status of the Accused

The report must contain the relevant particulars concerning whether the accused has been arrested.

Where applicable, it must also address the person’s release or custody status as required by the statutory framework.

7. Action Taken Regarding the Accused

The report must contain information concerning the action taken in relation to the accused.

This enables the Magistrate to understand the procedural position of the person at the time the report is submitted.

8. Medical Examination Report Where Applicable

Where the relevant statutory requirements apply, the report must contain the report relating to the medical examination of the person concerned.

The inclusion of such material depends upon the nature and requirements of the particular case.

Completion of Investigation

Section 193 requires investigation to be completed without unnecessary delay.

After the investigation is completed, the officer in charge of the police station must forward the police report to the competent Magistrate in the manner prescribed by law.

Completion of investigation means that the investigating agency has completed the investigative steps required on the basis of the material and circumstances of the case for the purpose of submitting its report.

The submission of the report does not always mean that no further investigation can ever take place. BNSS permits further investigation in accordance with the statutory framework.

Submission of Report Through Electronic Means

BNSS recognises the use of electronic communication and electronic procedures in criminal investigation.

Section 193 permits the police report and related material to be forwarded through electronic means in the manner permitted by law.

This reflects the broader objective of BNSS to incorporate technology into criminal procedure.

Electronic submission does not alter the substantive requirements concerning the contents of the report. The report must still contain the particulars required by the statute.

Communication with the Informant or Victim

The police officer is required to communicate the action taken to the person who provided the information in the manner prescribed by Section 193.

The provision also contains an important victim-oriented feature by requiring the informant or victim, where applicable, to be informed about the progress or result of the investigation in accordance with the statutory framework.

This promotes transparency in the criminal justice process and ensures that the person who initiated the criminal process is not entirely excluded from information concerning the outcome of investigation.

Forwarding of Documents and Statements

Section 193 requires relevant documents and statements to be forwarded to the Magistrate along with the police report in accordance with the statutory requirements.

The material may include:

• Documents or relevant extracts on which the prosecution proposes to rely.
• Statements recorded during investigation that are required to be forwarded under BNSS.
• Other relevant material required by the statutory framework.

The purpose is to ensure that the Magistrate receives the material necessary for exercising the judicial powers available after submission of the police report.

The evidentiary use of statements and documents remains subject to the applicable provisions of the Bharatiya Sakshya Adhiniyam, 2023 and other relevant law.

Statements and Electronic or Audio-Video Recording

BNSS incorporates technology into several stages of criminal procedure.

Where statements or investigative acts are required or permitted to be recorded through audio-video electronic means under the applicable provisions, the procedural requirements concerning such recording must be followed.

Section 193 operates within this broader framework when the relevant material is required to be forwarded as part of the completed investigation.

The use of electronic or audio-video means does not eliminate the need to comply with statutory safeguards applicable to the recording and use of such material.

Further Investigation

Submission of a police report under Section 193 does not necessarily prevent further investigation.

Where further investigation is carried out in accordance with law, the investigating agency may collect additional evidence and submit a further report to the Magistrate.

Further investigation must be distinguished from a fresh or entirely new investigation.

Further investigation supplements the earlier investigation by collecting additional material or carrying out additional lawful investigative steps.

The court retains its powers under the statutory framework, and any issue concerning the permissibility or scope of further investigation must be determined according to the applicable provisions and judicial principles.

Supplementary Report

Where further investigation produces additional material, the investigating agency may submit a further report dealing with the additional evidence or findings.

Such a report supplements the earlier police report.

The supplementary report must be understood together with the original report and the material already placed before the Magistrate.

A supplementary report does not automatically replace the original report unless the legal and factual circumstances require a different procedural treatment.

Police Report and Charge Sheet

The expression charge sheet is commonly used to describe a police report submitted where the investigating agency concludes that sufficient material exists for proceedings against the accused.

However, the statutory expression used in the procedural framework is police report.

The legal consequences depend upon the contents of the report and the subsequent action taken by the competent Magistrate or court.

A police report should therefore not be treated as synonymous with a judicial finding that the accused is guilty.

Police Report and Final Report

The expression final report is often used in practice for the report submitted by the police after completion of investigation.

Depending upon the result of investigation, the report may support prosecution or may state that the investigation has not produced sufficient grounds for proceeding against the accused.

The Magistrate is not required to mechanically accept the police conclusion and must exercise judicial powers independently in accordance with law.

Important Distinctions

Police Report and Case Diary

The case diary under Section 192 records the day-to-day proceedings and progress of the investigation.

The police report under Section 193 is the formal statutory report submitted to the Magistrate after completion of investigation.

The case diary documents the course of investigation, whereas the police report communicates the result of investigation.

Police Report and Cognizance

Submission of a police report is an act connected with the police investigation.

Taking cognizance is a judicial act performed by the competent Magistrate or court under the applicable provisions of BNSS.

The police cannot take cognizance merely by submitting a report.

Police Report and Conviction

A police report may contain the conclusion of the investigating agency that an offence appears to have been committed and that material exists against an accused.

It does not amount to a conviction.

Conviction can result only after judicial proceedings and proof in accordance with the applicable law.

Further Investigation and Fresh Investigation

Further investigation involves additional investigation after an earlier investigation and supplements the material already collected.

Fresh investigation involves a new investigation replacing or displacing the earlier investigative process and raises separate legal issues.

The two expressions should not be treated as interchangeable.

BNSS and CrPC

Section 193 of BNSS corresponds broadly to Section 173 of the Code of Criminal Procedure, 1973.

Both provisions regulate the report submitted by the police after completion of investigation and provide for the forwarding of the report and relevant material to the competent Magistrate.

The BNSS provision continues the basic framework of the earlier CrPC but incorporates procedural changes reflecting the use of electronic communication and digital methods.

BNSS also gives importance to modern investigative procedures, including forensic and electronic processes where applicable under the wider statutory framework.

The current statutory provision governing the report of the police officer on completion of investigation is Section 193 of BNSS, 2023.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 defines criminal offences and prescribes punishments.

The Bharatiya Nagarik Suraksha Sanhita, 2023 governs the procedure for investigation and the submission of the police report after completion of investigation.

The Bharatiya Sakshya Adhiniyam, 2023 governs the law relating to evidence.

Section 193 therefore provides the procedural mechanism through which the result of investigation is formally brought before the judicial authority.

The police report may refer to statements, documents, electronic records and other material collected during investigation, but the admissibility and evidentiary value of such material are determined according to the applicable law of evidence.

Case Law

Bhagwant Singh v. Commissioner of Police

The Supreme Court considered the position of the Magistrate when a police report is submitted after investigation and recognised that the Magistrate is not bound to mechanically accept the conclusion reached by the investigating agency.

The decision is relevant to understanding the judicial role after submission of a police report. It was decided under the CrPC framework and remains relevant to the extent that the corresponding principles continue under the BNSS.

Vinay Tyagi v. Irshad Ali

The Supreme Court discussed the distinction between further investigation and other forms of subsequent investigation.

The decision is relevant to understanding the scope of further investigation after submission of a police report and the distinction between further investigation and a fresh investigation.

The case was decided under the CrPC, and its principles remain relevant where the BNSS provision substantially continues the earlier framework.

Abhinandan Jha v. Dinesh Mishra

The Supreme Court considered the respective roles of the police and the Magistrate after completion of investigation and emphasised that the police investigate while the Magistrate exercises judicial powers independently.

The decision remains relevant to the distinction between the police conclusion in an investigation and the independent judicial powers exercised after the report is submitted.

The case was decided under the CrPC framework and must be applied under BNSS with due regard to any statutory changes.

Common Confusions

Is the police report the same as a conviction?

No.

A police report records the result of the investigation. It does not determine guilt.

A conviction can only follow judicial proceedings before a competent court.

Is a charge sheet a judicial order?

No.

A charge sheet is a commonly used expression for the police report where the investigating agency concludes that sufficient material exists to proceed against an accused.

It is not a judicial order or a finding of guilt.

Can investigation continue after the police report is submitted?

Yes.

Further investigation may be carried out in accordance with the statutory framework, and additional material may be placed before the Magistrate through a further report.

Is the Magistrate bound by the conclusion of the police report?

No.

The Magistrate exercises judicial powers independently in accordance with BNSS and is not required to mechanically accept the investigating agency’s conclusion.

Does submission of a police report automatically mean that a trial will begin?

No.

Submission of the police report is followed by further statutory and judicial steps. The commencement and conduct of proceedings depend upon the applicable provisions and the decisions of the competent court.

Example

The police investigate an alleged offence, examine relevant persons, collect documents and other material, and complete the investigation.

The officer in charge then prepares the police report containing the particulars required by Section 193 and forwards it to the competent Magistrate along with the relevant material required by law.

If the investigation later reveals additional evidence requiring further investigation, the investigating agency may carry out further investigation in accordance with law and submit a further report.

The submission of the report does not itself establish that the accused is guilty. The subsequent exercise of judicial powers remains with the competent court.

Topic at a Glance

• Topic: Report of police officer on completion of investigation.
• BNSS Provision: Section 193.
• Common Expression: Police report, commonly called a charge sheet or final report depending on the result of investigation.
• Purpose: To formally place the result of investigation before the competent Magistrate.
• Contents: Statutory particulars concerning the parties, information, witnesses, offence, accused and action taken.
• Documents: Relevant documents and statements are forwarded as required by law.
• Electronic Procedure: BNSS recognises electronic forwarding and technology-based procedures where permitted.
• Further Investigation: Submission of the report does not necessarily bar further investigation.
• Supplementary Report: Additional material obtained through further investigation may be placed before the Magistrate.
• CrPC Correspondence: Section 173 of the Code of Criminal Procedure, 1973.
• Judicial Position: The Magistrate is not bound to mechanically accept the police conclusion.

Quick Revision

• Section 193 of BNSS deals with the police report on completion of investigation.
• The report is submitted to the competent Magistrate.
• It contains the particulars required by the statute concerning the case, parties, witnesses, offence and accused.
• The report is different from the case diary maintained under Section 192.
• A police report is not a conviction or judicial finding of guilt.
• The Magistrate exercises judicial powers independently after receiving the report.
• Relevant documents and statements are forwarded in accordance with the statutory requirements.
• BNSS recognises electronic procedures in the submission and handling of relevant investigative material.
• Further investigation may be conducted in accordance with law after submission of the report.
• Additional evidence obtained through further investigation may be presented through a further report.
• Section 193 broadly corresponds to Section 173 of the CrPC.

ALSO READ: Section 192 – Diary of proceedings in investigation

Conclusion

Section 193 of BNSS, 2023 provides the statutory mechanism through which the result of a police investigation is formally placed before the competent Magistrate. By prescribing the contents and manner of the police report, regulating the forwarding of relevant material and permitting further investigation where lawful, the provision creates an essential procedural bridge between investigation and judicial proceedings. Its framework preserves the distinction between the investigative conclusions of the police and the independent judicial authority of the court.