CrPC Section 158: Procedure for Submitting Reports – Explained

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CrPC Section 158: Procedure for Submitting Reports – Explained

1. State the Code:

CrPC Section 158 deals with the procedure for submitting reports by police officers in criminal cases.

2. 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.

3. 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.

4. 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.

Also Read  IPC Section 202: Omission to Inform Offence - Indian Penal Code

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.

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