Section 193 BNSS: Report of police officer on completion of investigation (Formerly Section 173 CrPC)

Section 193 of Bharatiya Nagarik Suraksha Sanhita, 2023: Report of police officer on completion of investigation

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.

(3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating—

(a) the names of the parties;

(b) the nature of the information;

(c) the names of the persons who appear to be acquainted with the circumstances of the case;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether the accused has been released on his bond or bail bond;

(g) whether the accused has been forwarded in custody under section 190;

(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023;

(i) the sequence of custody in case of electronic device;

(ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim;

(iii) the officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.

(4) Where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.

(5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit.

(6) When such report is in respect of a case to which section 190 applies, the police officer shall forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses.

(7) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

(8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230:

Provided that supply of report and other documents by electronic communication shall be considered as duly served.

(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3):

Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Investigation Sec 2(1)(h) Police Report Sec 2(1)(p) Police Station Sec 2(1)(q) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 193

Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the submission of the police report (charge-sheet or closure report) upon completion of investigation, introducing mandatory 90-day progress reporting to victims.

Inquiry & Trial Mechanism: Section 193 mandates that every investigation under Chapter XII shall be completed without unnecessary delay.
Core Legal Standard: In investigations relating to rape and child sexual offences, the investigation must be completed within two months.
Sub-Section (3) Provision: Sub-section (3) introduces a major victim-rights reform: the police officer shall inform the progress of the investigation by any means, including electronic communication, to the informant or victim within ninety days.
Operational Mechanism: Under sub-section (3), the final police report must set forth the names of the parties, the nature of information, names of persons acquainted with facts, whether an offence appears committed and by whom, whether the accused is arrested or forwarded under custody, and whether property is seized.

Sub-section (9) preserves the police's power to conduct further investigation and submit supplementary charge-sheets.

Key Landmark Precedents:

Vinay Tyagi v. Irshad Ali (2013) 5 SCC 762: The Supreme Court held that the Magistrate has statutory power to direct 'further investigation' under Section 173(8) CrPC (Sec 193(9) BNSS), but cannot direct fresh, de novo, or reinvestigation, which remains the exclusive prerogative of constitutional courts.
Minu Kumari v. State of Bihar (2006) 4 SCC 359: Settled the three options available to a Magistrate upon receiving a closure report: accept the report, order further investigation, or issue notice to the complainant (protest petition) and take cognizance.
Satya Narayan Sharma v. State of Rajasthan (2001) 8 SCC 607: Affirmed that courts must ensure final reports are submitted expeditiously to prevent prolonged pre-trial harassment.

Legal Commentary:

Section 193 marks the culmination of police investigation. The new statutory obligation to provide a 90-day progress report to the victim under Section 193(3) empowers complainants to hold investigating agencies accountable. Defense counsel must scrutinize the final report and all accompanying Section 180 statements and seizure memos to prepare for discharge.