One of the most important stages in a criminal case is the filing of a chargesheet, which marks the completion of investigation. Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lays down the procedure for police reports.
Scope of Section 173 BNSS
After investigation, the police must submit a report to the Magistrate. The report contains names of accused, witnesses, evidence, and details of offences. It forms the basis of trial.
Judicial Interpretation
The Supreme Court in State of Bihar v. J.A.C. Saldanha (1980) held that courts cannot interfere with investigation but can ensure fairness once the report is filed. In Bhagwant Singh v. Commissioner of Police (1985), it was held that victims must be given notice if police seek closure of the case.
Practical Importance
Chargesheets must be filed within stipulated timelines. Delay can affect bail applications and fairness of trial. Non-filing within time can even result in “default bail” for accused under BNSS.
Conclusion
Section 173 BNSS ensures accountability in investigation and transparency in prosecution. Understanding its scope is essential for both lawyers and accused persons navigating criminal trials.