Introduction
Section 173(8) of the Criminal Procedure Code (CrPC) deals with further investigation and supplementary report. This is a newly added provision to the Code. This affirms the right of the police to make further investigation after submitting a charge sheet. In the old Code there was no provision pertaining to the procedure that is to be followed by the police for fresh investigation, on finding of new facts, after submission of the police report and cognizance by the Magistrate on a subsequent report. Also, it contained no express provision to prohibit further investigation by the police.
In the case of H.N. Rishbud v. State of Delhi AIR 1955 SC 196, it was held by the Apex Court that “It does not follow, however, that the invalidity of the investigation is to be completely ignored by the Court during trial. When the breach of such a mandatory provision is brought to the knowledge of the Court at a sufficiently early stage, the Court, while not declining cognizance, will have to take the necessary steps to get the illegality cured and the defect rectified, by ordering such reinvestigation as the circumstances of an individual case may call for.”
It was observed by the Court that this is not beyond the contemplation of the scheme of the Code as per Section 202 of the CrPC that says a Magistrate taking cognizance on a complaint can order investigation by the police. Hence, the adoption of this course is not outside the purview of the inherent powers of the Court who for purposes of procedure at the trial is virtually in the position of a Magistrate trying a warrant case.
Scope of Section 173(8) of Code
- Further investigation can be done regarding an offence wherein report under Section 173(2) has been forwarded to the Magistrate; and
- During further investigation, the officer-in-charge has power to obtain further evidence, oral or documentary, has power to forward to the Magistrate, a supplementary report regarding such evidence in the form prescribed,
- The provisions of Sec. 173 (2) to (6) shall be applicable in relation to such supplementary reports.
Section 173 sub-section (8) of the Code states that nothing in the section shall preclude any further investigation regarding an offence after a report u/s 173(2) of the CrPC has been forwarded to the Magistrate. Thus, if the charge-sheet has been filed by the police, it can carry on a further investigation regarding an offence as per Sec. 173(8).
Meaning of further investigation
In the case of Rama Chaudhary Vs. State of Bihar (2009) 6 SCC 346, it was held by the Supreme Court that ‘further investigation within the meaning of provision of Section 173(8) CrPC is additional; more; or supplemental.’ Hence, it is the continuation of the earlier investigation and not a fresh investigation or reinvestigation to be started from the beginning superseding the earlier investigation altogether.
Alternate before the Magistrate when final report is filed
When a final report u/s 173(2) of the Code is placed before the Magistrate, several situations may arise. The report may conclude that an offence is committed by one or many persons in that case, the Magistrate may:
- Accept it and take cognizance of offence and issue process,
- Disagree with the report and may also drop the proceedings,
- Direct further investigation u/s 156(3) and requiring police to prepare a report according to 173(8),
- Treat the protest complaint as a complaint, and proceed u/s 200 and 202 of the CrPC.
Prime consideration investigating further
In the case of Hasanbhai Valibhai Qureshi Vs. State of Gujarat (2004) 5 SCC 347, it was stated that the prime consideration for investigating further is to arrive at the truth. That on grounds of delay the hands of investigating officer should not be tied that he cannot proceed. Hence, for the court to impart justice, the investigating officer should have a free hand to investigate further in any case.
Whether further investigation can be ordered during or after trial?
In the case of J. Prabhavathiamma v. State of Kerala, (2008) 1 KLJ9, it was clarified by the Court that even if the investigation has reached to its end, a further investigation u/s 173(8) of the CrPC can be conducted even at the post cognizance stage. Hence, if further investigation can be conducted post cognizance then it can also be ordered during or after trial.
Significance of supplementary chargesheet
In Luckose Zachariah VS Joseph Joseph, the Apex Court has held recently that to decide whether or not an accused has committed an offence, the Magistrate must consider the charge sheet submitted u/s 173(2) of the CrPC and must also consider the supplementary charge sheet that is submitted after further investigation in terms of Section 173(8) of the Code.
Supplementary Chargesheet Must Disclose Novel Evidence: Delhi High Court
In the case of Surender @ Tannu @ Tanva V. State Of Nct Of Delhi, CRL.REV.P. 197/2018, the High Court of Delhi stated that to conduct a further investigation there has to be a reason for furtherance of investigation to find any material that was previously not found, or if found not properly considered or investigated into. On further investigation if fresh material is found then certain aspects of elements collected earlier were not investigated into, must be reported to the Magistrate by the police officer and bring on the record the facts newly discovered.
The Court stated in the instant case that “The provision for further investigation could not have been introduced solely to provide for reappreciation or reconsideration of the old or primary evidence and other material which was already on record before the Magistrate. There has to be an extent of novelty in the report or Supplementary Chargesheet filed by the Investigating Agency, which leads to discovery of material or evidence in a manner which was not before the Court in the primary report or Chargesheet.”
Conclusion
A supplementary charge sheet is the continuation of the preliminary charge sheet. Hence, if new facts have come up against the accused during the course of further investigation then it must be brought before the Court in the form of supplementary charge sheet.
In Vinubhai Haribhai Malaviya & Others Vs. State of Gujarat and Another 2019 SCC Online SC 1346, the Apex Court stated that Section 156(3) of the Code states that a Magistrate has power u/s 190 of the Code to order such an investigation, then the Magistrate may also order further investigation u/s 173(8) of the Code. The Court has put emphasis on the basic law that criminal trial does not begin after cognizance is taken, but it begins only after charges are framed.
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