CrPC Section 170
Section 170 CrPC: Police Report of Investigation
Text of Section 170:
Report of police officer on completion of investigation
(1) When an investigation relating to an offence, not being an investigation under section 173, has been completed, the police officer making the investigation shall forward a report of the investigation to the Magistrate empowered to take cognizance of the case.
(2) The report shall be in the form of a police report or a complaint, and, if the police officer considers that there is sufficient ground for the Court to take cognizance of the offence, it shall be accompanied by the police officer's opinion to that effect.
Detailed Explanation
1. Purpose of Section 170
Section 170 deals with the procedure when a police investigation is completed but it is not under Section 173 CrPC. Section 173 CrPC is the usual provision for police reports after investigation for cognizable offences. However, some cases (mostly non-cognizable offences) do not fall under Section 173 but still require police inquiry or investigation.
Section 170 provides a framework for the police to submit their report after completing such investigations.
2. When does Section 170 apply?
When the police investigate an offence that is NOT covered under Section 173.
Usually applies to non-cognizable offences (offences where police cannot start investigation without magistrate's permission).
Also applies when police are instructed to make inquiry into a matter or when investigation is done under special circumstances.
3. What does the police officer have to do?
After completing the investigation, the police officer must submit a report to the Magistrate who is empowered to take cognizance of the offence.
The report is generally called a police report or complaint.
4. Contents of the report
The police report should contain facts discovered during investigation.
If the police officer thinks there is sufficient ground to take cognizance of the offence, the report should include the officer’s opinion to that effect.
If the officer does not find sufficient evidence, the report should indicate this.
5. Effect of the report
On receiving the report, the Magistrate may take appropriate action based on the report:
Take cognizance of the offence and proceed with the case.
Order further investigation.
Dismiss the case if no sufficient ground is found.
Importance of Section 170
It provides a mechanism for police reporting in cases that are outside the usual cognizable offence investigation under Section 173.
Ensures that the police communicate the outcome of investigations to the Magistrate.
Helps Magistrates to decide whether to proceed with prosecution or take other steps.
Maintains procedural fairness and control over police investigations.
Summary
| Aspect | Explanation |
|---|---|
| Applies to | Investigations not covered by Section 173 (usually non-cognizable offences). |
| Who submits the report | Police officer who conducted the investigation. |
| To whom report is submitted | Magistrate empowered to take cognizance of the offence. |
| Content of report | Facts discovered + police officer’s opinion on sufficiency of grounds. |
| Purpose | To inform Magistrate for further action. |
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