CrPC Section 158: Procedure for Submitting Reports – Explained

Code:

(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.

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(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.

Explanation:

This section mandates that a police officer investigating a cognizable offense must submit a report to the Magistrate in charge of the area where the offense occurred. This report, known as the “Final Report,” contains details of the investigation, including:

• Findings of the investigation
• Evidence collected
• Statements recorded
• Whether the offense has been established or not
• Recommendations for further action

The report must be submitted within the time prescribed by the Magistrate or within a reasonable period.

Illustration:

Suppose a theft case is registered at a police station. The investigating officer conducts inquiries, collects evidence, and records statements of witnesses. After completing the investigation, the officer prepares a final report stating that the theft occurred, and identifies the accused. The officer also includes the evidence gathered and recommends further action, such as filing a charge sheet against the accused.

Common Questions & Answers:

Q1: What is the difference between a “Final Report” and a “Charge Sheet”?

A1: A “Final Report” is the police officer’s report on the investigation, while a “Charge Sheet” is a formal document filed in court, accusing a person of a crime. A Final Report may or may not lead to a Charge Sheet, depending on the findings of the investigation.

Q2: Can the police officer submit a “Final Report” without taking any action against the accused?

A2: Yes. If the investigation reveals that no offense was committed or there is no sufficient evidence to prosecute the accused, the police officer can submit a “Final Report” stating that no action is warranted.

Q3: What happens if the police officer fails to submit a report within the prescribed time?

A3: The Magistrate can take action against the police officer for delay, and can even direct the officer to submit the report within a specified time.