Chapter XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

1. (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf: 1[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that--
   • (a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, 2[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;
   • (b) the recording of such information shall be video graphed;
   • (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.] ;
   • (b) the recording of such information shall be videographed;
   • (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.]
2. (2) A copy of the information as recorded under sub-section (1)shall be given forthwith, free of cost, to the informant.
3. (3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence. STATE AMENDMENTS Chhattisgarh In first proviso to sub-section (1) of section 154 of the Code of Criminal Procedure (here-in-after referred to as the Code) for the words and figure "or section 509" the words, figures, letters and punctuations, "section 509, section 509A or section 509B" shall be substituted. [Vide Chhattisgarh Act 25 of 2015, sec. 7.] Arunachal Pradesh Amendment of section 154.--In the first proviso to sub-section (1) of section 154 of the principal Act, for the words, figures and letters "section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code the words, figures and letters "section 326A, section 326B section 354, section 354A, section 354B, section 354C, section 354D section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code" shall be substituted. In the sub-proviso (a) of the second proviso to sub-section (1) of section 154 of the principal Act, for the words, figures and letters "section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code" the words, figures and letters "section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code" shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 13]

¹ Ins. by Act 13 of 2013, s. 13 (w.e.f. 3 -2-2013).

² Subs. by Act 22 of 2018, s. 11, for ―section 376A, section 376B, section 376C, section 376D‖ (w.e.f. 21 -4-2019).

1. (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.
2. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
3. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.
4. (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

1. (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
2. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
3. (3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned. STATE AMENDMENT Maharashtra-- Amendment of section 156.--In section 156 of the Code of Criminal Procedure, 1973, (2 of 1974) in its application to the State of Maharashtra (hereinafter referred to as "the said Code"), after sub-section (3), the following provisos shall be added, namely:-- "Provided that, no Magistrate shall order an investigation under this section against a person who is or was a public servant as defined under any other law for the time being in force, in respect of the act done by such public servant while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force: Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.". [Vide Maharashtra Act 33 of 2016, s. 2.]

1. (1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender: Provided that--
   • (a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
   • (b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. 1[Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.]
2. (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that subsection, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.

¹ Ins. by Act 5 of 2009, s.11 (w.e.f. 31 -12-2009).

1. (1) Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.
2. (2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

Such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code.

1. (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person 1[under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically disabled person] shall be required to attend at any place other than the place in which such male person or woman resides.
2. (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence.

² Subs. by Act 13 of 2013 , s. 14, for ―under the age of fifteen years or woman‖ (w.e.f. 3 -2-2013).

1. (1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
2. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
3. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records. 1[Provided that statement made under this sub-section may also be recorded by audio-video electronic means:] 2[Provided further that the statement of a woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted shall be recorded, by a woman police officer or any woman officer.] STATE AMENDMENTS Chhattisgarh-- The second proviso to sub-section (3) of section 161 of the Code, shall be substituted with the following proviso, namely: -- Provided further that statement of the woman against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354E, section 376, section 376A, section 376B, section 376C, section 376D, section 376E, section 509, section 509A or section 509B of the Indian Penal Code, is alleged to have been committed or attempted, shall be recorded, as far as possible, by woman police officer and shall also be recorded by audio-video means, as far as possible, and it shall be the duty of such police officer to take all such steps as are necessary to protect the identity of the woman. [Vide Chhattisgarh Act 25 of 2015, s. 8] Arunachal Pradesh-- Amendment of section 161.--In the second proviso to sub-section (3), of section 161 of the principal Act, for the words, figures and letters "section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code "the words, figures and letters namely section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 14]

³ Ins. by Act 5 of 2009, s. 12 (w.e.f. 31 -12-2009).

¹ Ins. by Act 13 of 2013, s. 15 (w.e.f. 3 -2-2013).

² Subs. by Act 22 of 2018, s. 12, for ― section 376A section 376B, section 3 76C, section 376D‖ (w.e.f. 22 -4-2018).

1. (1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 145 of the Indian Evidence Act , 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination.
2. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (1) of section 32 of the Indian Evidence Act, 1872 (1 of 1872); or to affect the provisions of section 27 of that Act. Explanation.--An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact.

1. (1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 24 of the Indian Evidence Act, 1872 (1 of 1872).
2. (2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will: Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 164.

1. (1) Any Metropolitan Magistrate or Judicial Magistrate may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards before the commencement of the inquiry or trial: 1[Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence: Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force.]
2. (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily.
3. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody.
4. (4) Any such confession shall be recorded in the manner provided in section 281 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:-- "I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A. B. Magistrate."
5. (5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. 2[(5A) (a) In cases punishable under section 354, section 354A, section 354B, section 354C, section 354D, sub-section (1) or sub-section (2) of section 376, 3[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] section 376E or section 509 of the Indian Penal Code (45 of 1860), the Judicial Magistrate shall record the statement of the person against whom such offence has been committed in the manner prescribed in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that if the person making the statement is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided further that if the person making the statement is temporarily or permanently mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be video graphed.
   • (b) A statement recorded under clause (a) of a person, who is temporarily or permanently mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 137 of the Indian Evidence Act, 1872 (1 of 1872) such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial.]
6. (6) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.. STATE AMENDMENT Chhattisgarh In clause (a) of sub-section (5A) of Section 164 of the Code, for the words and figures "or section 509" the punctuation, words and figures, "section 376F, section 509, section 509A or section 509B" shall be substituted. [Vide Chhattisgarh Act 25 of 2015, s. 9] Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep After sub-section (1) of section 164, the following sub-section shall be inserted, namely: --"(1A) Where; in any island, there is no Judicial Magistrate for the time being, and the State Government is of opinion that it is necessary and expedient so to do, that Government may, after consulting the High Court, specially empower any Executive Magistrate (not being a police officer), to exercise the powers conferred by sub-section (1) on a Judicial Magistrate, and thereupon references in section 164 to a Judicial Magistrate shall be construed as references to the Executive Magistrate so empowered."; [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.] Arunachal Pradesh Amendment of section 164.--In Clause (a) of sub-section (5A) of section 164, for the words, figures and letters "section 354, section 354A, section 354B, section 354C, section 354D, section-section (1) of sub-section (2) of section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code" the words , figures and letters section 354, section 354A, section 354B, section 354C, section 354D, sub-section (1) of sub-section (2) of section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 15 ]

³ Subs. by Act 5 of 2009 , s.13 (w.e.f. 31 -12-2009).

¹ Ins. by Act 13 of 2013, s. 16 (w.e.f. 13 -3-2013).

² Subs. by Act 22 of 2018, s. 13, for ― section 376A , section 376B, section 376C, section 376D‖ (w.e.f. 22 -4-2018).

1[164A. Medical examination of the victim of rape.-- (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence.

1. (2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:
   • (i) the name and address of the woman and of the person by whom she was brought;
   • (ii) the age of the woman;
   • (iii) the description of material taken from the person of the woman for DNA profiling;
   • (iv) marks of injury, if any, on the person of the woman;
   • (v) general mental condition of the woman; and
   • (vi) other material particulars in reasonable detail.
2. (3) The report shall state precisely the reasons for each conclusion arrived at.
3. (4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained.
4. (5) The exact time of commencement and completion of the examination shall also be noted in the report.
5. (6) The registered medical practitioner shall, without delay forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 173 as part of the documents referred to in clause (a) of subsection (5) of that section.
6. (7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf. Explanation.--For the purposes of this section, "examination" and "registered medical practitioner" shall have the same meanings as in section 53.] STATE AMENDMENTS Chhattisgarh. In Section 164A, except explanation clause, of the Code, for the words "registered medical practitioner", where it occurs for the first time, the words "female registered medical practitioner" shall be substituted. [Vide Chhattisgarh Act 25 of 2015 s. 10.]

³ Ins. by Act 25 of 2005, s. 17 (w.e.f. 23 -6-2006).

1. (1) Whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station.
2. (2) A police officer proceeding under sub-section (1), shall, if practicable, conduct the search in person.
3. (3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched, and so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place.
4. (4) The provisions of this Code as to search-warrants and the general provisions as to searches contained in section 100 shall, so far as may be, apply to a search made under this section.
5. (5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.

1. (1) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station.
2. (2) Such officer, on being so required, shall proceed according to the provisions of section 165, and shall forward the thing found, if any, to the officer at whose request the search was made.
3. (3) Whenever there is reason to believe that the delay occasioned by requiring an officer in charge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer in charge of a police station or a police officer making any investigation under this Chapter to search, or cause to be searched, any place in the limits of another police station in accordance with the provisions of section 165, as if such place were within the limits of his own police station.
4. (4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer in charge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under section 100, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in sub-sections (1) and (3) of section 165.
5. (5) The owner or occupier of the place searched shall, on application, be furnished free of cost with a copy of any record sent to the Magistrate under sub-section (4).

1[166A. Letter of request to competent authority for investigation in a country or place outside India-- (1) Notwithstanding anything contained in this Code, if, in the course of an investigation into an offence, an application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or the authenticated copies thereof or the thing so collected to the Court issuing such letter.

1. (2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.
2. (3) Every statement recorded or document or thing received under sub-section (1) shall be deemed to be the evidence collected during the course of investigation under this Chapter.]

¹ Ins. by Act 10 of 1990, s. 2 (w.e.f. 19 -12-1990).

1[166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India.--(1) Upon receipt of a letter of request from a Court or an authority in a country or place outside India competent to issue such letter in that country or place for the examination of any person or production of any document or thing in relation to an offence under investigation in that country or place, the Central Government may, if it thinks fit--

1. (i) forward the same to the Chief Metropolitan Magistrate or Chief Judicial Magistrate or such Metropolitan Magistrate or Judicial Magistrate as he may appoint in this behalf, who shall thereupon summon the person before him and record his statement or cause the document or thing to be produced; or
2. (ii) send the letter to any police officer for investigation, who shall thereupon investigate into the offence in the same manner, as if the offence had been committed within India.

1. (2) All the evidence taken or collected under sub-section (1), or authenticated copies thereof or the thing so collected, shall be forwarded by the Magistrate or police officer, as the case may be, to the Central Government for transmission to the Court or the authority issuing the letter of request, in such manner as the Central Government may deem fit.]

1. (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty-four hours fixed by section 57, and there are grounds for believing that the accusation or information is wellfounded, the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of sub-inspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the accused to such Magistrate.
2. (2) The Magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction: Provided that-- 1[(a) the Magistrate may authorise the detention of the accused person, otherwise than in custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this paragraph for a total period exceeding
   • (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years;
   • (ii) sixty days, where the investigation relates to any other offence, and, on the expiry of the said period of ninety days, or sixty days, as the case may be, the accused person shall be released on bail if he is prepared to and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;] 2[(b) no Magistrate shall authorise detention of the accused in custody of the police under this section unless the accused is produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in judicial custody on production of the accused either in person or through the medium of electronic video linkage;]
   • (c) no Magistrate of the second class, not specially empowered in this behalf by the High Court, shall authorise detention in the custody of the police. 3[Explanation I.--For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused shall be detained in custody so long as he does not furnish bail.] 4[Explanation II.--If any question arises whether an accused person was produced before the Magistrate as required under clause (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.] 5[Provided further that in case of a woman under eighteen years of age, the detention shall be authorised to be in the custody of a remand home or recognised social institution.] 6[(2A) Notwithstanding anything contained in sub-section (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation, if he is not below the rank of a sub-inspector, may, where a Judicial Magistrate is not available, transmit to the nearest Executive Magistrate, on whom the powers of a Judicial Magistrate or Metropolitan Magistrate have been conferred, a copy of the entry in the diary hereinafter prescribed relating to the case, and shall, at the same time, forward the accused to such Executive Magistrate, and thereupon such Executive Magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and, on the expiry of the period of detention so authorised, the accused person shall be released on bail except where an order for further detention of the accused person has been made by a Magistrate competent to make such order; and, where no order for such further detention is made, the period during which the accused person was detained in custody under the orders made by an Executive Magistrate under this sub-section, shall be taken into account in computing the period specified in paragraph (a) of the proviso to sub-section (2): Provided that before the expiry of the period aforesaid, the Executive Magistrate shall transmit to the nearest Judicial Magistrate the records of the case together with a copy of the entries in the diary relating to the case which was transmitted to him by the officer in charge of the police station or the police officer making the investigation, as the case may be.]
3. (3) A Magistrate authorising under this section detention in the custody of the police shall record his reasons for so doing.
4. (4) Any Magistrate other than the Chief Judicial Magistrate making such order shall forward a copy of his order, with his reasons for making it, to the Chief Judicial Magistrate.
5. (5) If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further investigation into the offence unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the period of six months is necessary.
6. (6) Where any order stopping further investigation into an offence has been made under sub-section (5), the Sessions Judge may, if he is satisfied, on an application made to him or otherwise, that further investigation into the offence ought to be made, vacate the order made under sub-section (5) and direct further investigation to be made into the offence subject to such directions with regard to bail and other matters as he may specify. STATE AMENDMENTS Gujarat-- In the proviso to sub-Section (2) of section 167 of the Code of Criminal Procedure, 1973, in its application to the State of Gujarat, --
   • (i) for paragraph (a), the following paragraph shall be substituted, namely: --
   • (a) the Magistrate may authorise detention of the accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the accused person in custody under this section for a total period exceeding--
     • (i) one hundred and twenty days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years,
     • (ii) sixty days, where the investigation relates to any offence; and, on the expiry of the said period of one hundred and twenty days, or sixty days, as the ease may be, the accused person shall be released on bail if he is prepared to and does furnish bail; and every person released on bail under this section shall be deemed to be so released under the provisions of Chapter XXXIII for the purposes of that Chapter;
     • (ii) in paragraph (b), for the words no Magistrate shall the words no Magistrate shall, except for reason to be recorded in writing shall be substituted;
     • (iii) the Explanation shall be numbered as Explanation II, and before Explanation II as so numbered, the following Explanation shall be inserted, namely: -- Explanation I. --For the avoidance of doubts, it is hereby declared that, notwithstanding the expiry of the period specified in paragraph (a), the accused person shall be detained in custody so long as he does not furnish bail. Amendment to apply to pending investigation.--The provisions of section 167 of the Code of Criminal Procedure, 1973, as amended by this Act, shall apply to every investigation pending immediately before the commencement of this Act, if the period of detention of the accused person, otherwise than in the custody of the police, authorised under that section, had not, at such commencement, exceeded sixty days.] [Vide Gujarat Act 21 of 1976, s. 2 & 3] Gujarat In Section 167, in sub-section (2) : --
7. (1) in the proviso, for paragraph (b), the following paragraph shall be substituted, namely: -- "(b) no Magistrate shall authorise further detention in any custody under this section unless--
   • (i) where the accused is in the custody of police, he is produced in person before the Magistrate, and
   • (ii) where the accused is otherwise than in the custody of the police, he is produced before the Magistrate either in person or through the medium of electronic video linkage, in accordance with the direction of the Magistrate.";
8. (2) in Explanation II, after the words "whether an accused person was produced before the Magistrate", the words "in person or, as the case may be, through the medium of electronic video linkage" shall be inserted. [Vide Gujarat Act 31 of 2003, s. 2.] Chhattisgarh.
9. (1) In clause (b) of Sub-Section (2) of Section 167 of the principal Act, for the word "any" the word "police" shall be substituted..
10. (2) After clause (b) of sub-section (2) of Section 167 of the Principal Act, the following new sub-clause (bb) shall be added, namely:--. "(bb) No magistrate shall authorise detention of the accused person other than in the custody of the police under this section unless the accused is produced before him either in person of through the medium of electronic video linkage and represented by his pleader in the Court.".
11. (3) In explanation II, after words "was produced" the word "from police custody" shall be added..
12. (4) After explanation II, the following new explanation shall be added:--. "III. If any question arises whether an accused person was produced from otherwise than in the custody of the police in person or (as the case may be) through medium of electronic video linkage before the Magistrate as required under paragraph (bb), the production of the accused person may be proved by his or his pleader's signature on the order authorising detention.". [Vide Chhattisgarh Act 13 of 2006, sec. 3] . Union territories of Andaman and Nicobar Islands, Dadra and Nagar Haveli and Lakshadweep In section 167,--
    • (i) in sub-section (1) after the words "nearest Judicial Magistrate" the words "or, if there is no Judicial Magistrate in an island, to an Executive Magistrate functioning in that island" shall be inserted;
    • (ii) after sub-section (1), the following sub-section shall be inserted, namely:-- "(1A) Where a copy of the entries in diary is transmitted to an Executive Magistrate, reference in section 167 to a Magistrate shall be construed as references to such Executive Magistrate;"
    • (iii) to sub-section (3), the following proviso shall be added, namely:-- "Provided that no Executive Magistrate other than the District Magistrate or Sub-divisional Magistrate, shall unless he is specially empowered in this behalf by the State Government, authorise detention in the custody of the police."
    • (iv) to sub-section (4), the following proviso shall be added, namely:-- "Provided that, where such order is made by an Executive Magistrate, the Magistrate making the order shall forward a copy of the order, with his reasons for making it, to the Executive Magistrate to whom he is immediately subordinate." [Vide The Code of Criminal Procedure (Amendment) Regulation, 1974 Act (1 of 1974), s. 5.] Maharashtra Amendment of section 167. -- In Section 167 of the Code of Criminal Procedure, 1973, (2 of 1974) in its application to the State of Maharashtra,--
    • (a) in sub-section (2) in the proviso, for paragraph (b), the following paragraph shall be substituted, namely:--
    • (b) no Magistrate shall authorise detention in any custody, of the accused person under this section unless, the accused person is produced before him in person, and for any extension of custody otherwise than the extension in the police custody, the accused person may be produced either in person or through the medium of electronic video linkage." ;
    • (b) in Explanation II, for the words "an accused person was produced", the words "an accused person was produced in person or as the case may be, through the medium of electronic video linkage" shall be substituted. [Vide Maharashtra Act 8 of 2005, s. 2] Madhya Pradesh Amendment of Section 167.--In sub-section (2) of section 167 of the principal Act.-- (i) in the proviso, for paragraph (b), the following paragraph shall be substituted, namely: -- "(b) no magistrate shall authorise detention in any custody under this section unless the accused is produced before him in person for the first time and subsequently every time till such time the accused remains in the custody of police, but the Magistrate may extend further detention in judicial custody on production of accused either in person or through the medium of electronic video linkage;";
      • (ii) for Explanation II, the following Explanation shall be substituted, namely:-- "Explanation II.--If any question arise whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.". [Vide Madhya Pradesh Act 2 of 2008, s. 3.] West Bengal In section 167 of the principal Act,--
    • (a) In Section 167 of sub-section (5), the following sub-section shall be substituted:--
13. (5) If, in respect of--
    • (i) any case triable by a Magistrate as a summons case, the investigation is not concluded within a period of six months, or
    • (ii) any case exclusively triable by a Court of Session or a case under Chapter XVIII of the Indian Penal Code (45 of 1860), the investigation is not concluded within a period of three years, or
    • (iii) any case other than those mentioned in clauses (i) and (ii), the investigation is not concluded within a period of two years, from the date on which the accused was arrested or made his appearance, the Magistrate shall make an order stopping further investigation into the offence and shall discharge the accused unless the officer making the investigation satisfies the Magistrate that for special reasons and in the interests of justice the continuation of the investigation beyond the periods mentioned in this sub-section is necessary.";
    • (b) in sub-section (6), after the "words any order stopping further investigation into an offence has been made" the words "and the accused has been discharged" shall be inserted. [Vide West Bengal Act 24 of 1988, s. 4.] West Bengal Amendment of section 167.--- In the proviso to sub-section (2) of section 167 of the principal Act, for clause (b), the following clause shall be substituted:-- "(b) no Magistrate shall authorize detention under this section--
      • (i) in the police custody, unless the accused is produced before him in person every time till the accused is in police custody;
      • (ii) in the judicial custody, unless the accused is produced before him either in person or through the medium of electronic video linkage;". [Vide West Bengal Act 20 of 2004, s. 3.] Assam In Section 167 of the Code:--
    • (a) in sub-section (i) the reference to "Judicial Magistrate" shall be construed as reference also to executive Magistrate;
    • (b) in sub-section (2):--
      • (i) for the word "Magistrate" at the first two places where that word is preceded by the definite article, the words "Judicial Magistrate or the Executive Magistrate, as the case may be," shall be substituted;
      • (ii) for the word "Magistrate", at the place where that word is preceded by the indefinite article "a", the words and brackets "Magistrate (whether Judicial or Executive)" shall be substituted;
      • (iii) paragraph (c) of the proviso shall be omitted;
    • (c) Sub-section (2A) shall be omitted:--
    • (d) in sub-section (4), for the words "to the Chief Judicial Magistrate," the words "where such Magistrate is a Judicial Magistrate, to the Chief Judicial Magistrate and where such Magistrate is an Executive Magistrate to the Session Judge" shall be substituted. [Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.] Delhi In its application to the State of Delhi, in section 167, in sub-section (2):--
      • (i) for clause (b), substitute the following clause, namely:--
    • (b) no Magistrate shall authorise detention in any custody under this section unless the accused is produced before him either in person or through the medium of electronic video linkage: Provided that if the accused is in police custody, no Magistrate shall authorise his detention in any custody unless the accused is produced before him in person;"
      • (ii) for the Explanation II thereunder, substitute the following Explanation, namely:-- "Explanation II.-- If any question arises whether an accused person was produced in person or, as the case may be, through the medium of electronic video linkage before the magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorising his detention or by video recording of the proceedings, as the case may be.". [Vide Delhi Act 4 of 2004, s. 2 (w.e.f. 16-8-2004).] Orissa Amendment of section 167.--In the proviso to sub-section (2) of section 167 of the Code of Criminal Procedure, 1973 (2 of 1974),-
      • (i) for paragraph (b), the following paragraph shall be substituted, namely:-- "(b) no Magistrate shall authorize detention of the accused in custody of the police under this section unless the accused in produced before him in person for the first time and subsequently every time till the accused remains in the custody of the police, but the Magistrate may extend further detention in Judicial custody on production of the accused either in person or through the medium of electronic video linkage;", and
      • (ii) for Explanation II, the following Explanation shall be substituted, namely:-- "Explanation II-- If any question arises whether an accused person was produced before the Magistrate as required under paragraph (b), the production of the accused person may be proved by his signature on the order authorizing detention or by the order certified by the Magistrate as to production of the accused person through the medium of electronic video linkage, as the case may be.". [Vide Orissa Act 16 of 2009, s. 2] Amendment of section 167.-- In section 167 of the Code of Criminal Procedure, 1973, in paragraph (a) of the proviso to sub-section (2),--
      • (i) For the words "under this paragraph" the words "under this section" shall be substituted; and
      • (ii) For the words "ninety days" wherever they occur, the words " one hundred and twenty days" shall be substituted. [Vide Orissa Act 11 of 1997, s. 2] Andhra Pradesh and Telangana Amendment of section 167, Central Act (2 of 1974).--In the Code of Criminal Procedure, 1973, in section 167 in its application to the State of Andhra Pradesh, in sub-section (2),--
      • (i) to clause (b), the following shall be added at the end, namely:-- "either in person or through the medium of electronic video linkage:";
      • (ii) in the Explanation II thereunder, for the words "an accused person was produced", the words "an accused person was produced in person or as the case may be through the medium of electronic video linkage" shall be substituted. [Vide Andhra Pradesh Act 31 of 2001, s. 2] Manipur In section 167 of the Code, after sub-section (6), the following sub-section shall be added, namely:-- "(7) A specified Executive Magistrate shall, to the exclusion of any other Magistrate, have power to authorise detention under this section of any person accused of any offences specified in clause (a) of sub-section (1) of section 4 of the Code of Criminal Procedure (Manipur Second Amendment) Act, 1984 and as respects those offences,--
      • (i) the reference in the foregoing sub-sections to a Magistrate or Judicial Magistrate shall b construed as reference to a Specified Executive Magistrate;
      • (ii) paragraph (c) of the proviso to sub-section (2) shall be deemed to have been omitted;
      • (iii) sub-section (2A) shall be deemed to have been omitted;
      • (iv) the words "other than the Chief Judicial Magistrate" in sub-section 4, shall be deemed to have been omitted and for the words "to the Chief Judicial Magistrate" in that sub-section, the words "to the Sessions Judge" shall be deemed to have been substituted.". [Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule] Meghalaya Amendment of Section 167 of the Code.--In section 167 of the Code--
    • (a) in sub-section (1)
      • (i) for the words "nearest Judicial Magistrate" the words "Deputy Commissioner or Assistant to the Deputy Commissioner" shall be substituted.
      • (ii) for the words "such Magistrate" occurring at the end, the word "him" shall be substituted.
    • (b) in sub-section (2), for the word "Magistrate" occurring at the beginning, the words "Deputy Commissioner" and for the words "such Magistrate occurring between the words "as" and thinks the word "he" shall substituted.
    • (c) in the provisos (a), (b) and the explanation below proviso (c), to sub-section (2) for the word "Magistrate" wherever it occurs the words "Deputy Commissioner or Assistant to the Deputy Commissioner shall substituted.
    • (d) in the proviso (c) to sub-section (2), for the word "Magistrate" the words "Assistant to the Deputy Commissioner" shall be substituted.
    • (e) In sub-section (3), for the words "A Magistrate" the words "Deputy Commissioner or Assistant to the Deputy Commissioner" shall be substituted.
    • (f) that for sub-section (4), the following shall be substituted, namely-- "(4) Any Assistant to the Deputy Commissioner making such order shall forward a copy of his order, with his reasons for making it, to the Deputy Commissioner."
    • (g) in sub-section (5), for the words "a Magistrate" occurring at the beginning and "Magistrate" occurring elsewhere, the words "an Assistant to the Deputy Commissioner" and "Assistant to the Deputy Commissioner" respectively shall be substituted.
    • (h) in sub-section (6) for the words "Sessions Judge" the words "Deputy Commissioner" shall be substituted. [Vide Meghalaya Act 4 of 1988, s. 4] Uttar Pradesh After section 167 of the Code of Criminal Procedure, 1973 as amended in its application to Uttar Pradesh, the following section shall be inserted, namely :— “167-A. For the avoidance of doubts, it is hereby declared that the provisions of section 167 shall, so far as may be apply also in relation to any person arrested by, or under any order or direction of, a magistrate, whether executive or judicial.” [Vide Uttar Pradesh Act 18 of 1977, s. 2]

¹ Subs. by Act 45 of 1978, s. 13, for paragraph (a) (w.e.f. 18 -12-1978).

² Subs. by Act 5 of 2009, s. 14 , for cl. ( b) (w.e.f. 31 -12-2009)

³ Ins. by Act 45 of 1978, s. 13 (w.e.f. 18 -12-1978).

⁴ Subs. by Act 5 of 2009, s.14 , for Explanation II (w.e.f. 31 -12-2009).

¹ Ins. by Act 5 of 2009, s.14 (w.e.f. 31 -12-2009).

² Ins. by Act 45 of 1978, s.13 (w.e.f. 18 -12-1978).

When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.

If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

1. (1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
2. (2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.
3. (3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.
4. (4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.

No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in section 170, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

1. (1) Every police officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him, and a statement of the circumstances ascertained through his investigation. 1[(1A) The statements of witnesses recorded during the course of investigation under section 161 shall be inserted in the case diary. (1B) The diary referred to in sub-section (1) shall be a volume and duly paginated.]
2. (2) Any Criminal Court may send for the police diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial.
3. (3) Neither the accused nor his agents shall be entitled to call for such diaries, nor shall he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police officer who made them to refresh his memory, or if the Court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the Indian Evidence Act, 1872 (1 of 1872), shall apply.

¹ Ins. by Act 5 o f 2009, s.15 (w.e.f. 31 -12-2009).

1. (1) Every investigation under this Chapter shall be completed without unnecessary delay. 1[(1A) The investigation in relation to 2[an offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB or 376E] from the date on which the information was recorded by the officer in charge of the police station.]
2. (2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, 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 he has been released on his bond and, if so, whether with or without sureties;
   • (g) whether he has been forwarded in custody under section 170. 3[(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under 4[ sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB] or section 376E of the Indian Penal Code (45 of 1860)].]
     • (ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.
3. (3) Where a superior officer of police has been appointed under section 158, 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.
4. (4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.
5. (5) When such report is in respect of a case to which section 170 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 161 of all the persons whom the prosecution proposes to examine as its witnesses.
6. (6) 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.
7. (7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).
8. (8) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) 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 prescribed; and the provisions of sub-sections (2) to (6) 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 (2). STATE AMENDMENT Arunachal Pradesh Amendment of section 173.--In section 173 of the principal Act, in sub-section (2), in sub-clause (h) of clause (i), for the words, figures and letters "or section 376, 376A, 376B, 376C, 376D or 376E of the Indian Penal Code" the words figures and letters "section 376, 376A, 376AA, 376B, 376C, 376D, 376DA or section 376E of the Indian Penal Code" Shall be substituted. [Vide Arunachal Pradesh Act 3 of 2019, s. 16]

² Ins. by Act 45 of 1978, s. 16 (w.e.f. 31 -12-2009).

³ Subs. by Act 22 of 2018, s. 14, for ―rape of a child may be completed within three months‖ (w.e.f. 21-4-2018).

¹ Ins. by Act 5 of 2009, s. 16 (w.e.f. 31 -12-2009).

² Subs. by Act 2 2 of 2018, s. 1 4, for ―section 376, 376A, 376B, 376C, 387D‖ (w.e.f. 21 -4-2018).

1. (1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any); such marks appear to have been inflicted.
2. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate. (3)1[When--
   • (i) the case involves suicide by a woman within seven years of her marriage; or
   • (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or
   • (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or
   • (iv) there is any doubt regarding the cause of death; or
   • (v) the police officer for any other reason considers it expedient so to do, he shall], subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.
3. (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

¹ Subs. by Act 46 of 1983, s. 3, for certain words (w.e.f. 25 -12-1983).

1. (1) A police officer proceeding under section 174 may, by order in writing, summon two or more persons as aforesaid for the purpose of the said investigation, and any other person who appears to be acquainted with the facts of the case and every person so summoned shall be bound to attend and to answer truly all questions other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture.
2. (2) If the facts do not disclose a cognizable offence to which section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court.

(1)1[2* * * when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 174], the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence. 3[(1A) Where,--

1. (a) any person dies or disappears, or
2. (b) rape is alleged to have been committed on any woman, while such person or woman is in the custody of the police or in any other custody authorised by the Magistrate or the Court, under this Code in addition to the inquiry or investigation held by the police, an inquiry shall be held by the Judicial Magistrate or the Metropolitan Magistrate, as the case may be, within whose local jurisdiction the offence has been committed.]

1. (2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.
2. (3) Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.
3. (4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry. 3[(5) The Judicial Magistrate or the Metropolitan Magistrate or Executive Magistrate or police officer holding an inquiry or investigation, as the case may be, under sub-section (1A) shall, within twenty-four hours of the death of a person, forward the body with a view to its being examined to the nearest Civil Surgeon or other qualified medical person appointed in this behalf by the State Government, unless it is not possible to do so for reasons to be recorded in writing.] Explanation.--In this section, the expression relative means parents, children, brothers, sisters and spouse.

² Subs. by, Act 46 of 1983, s. 4, for certain words (w.e.f. 25 -12-1983).

³ Certain words omitted by A ct 25 of 2005, s. 18 (w.e.f. 23 -6-2006).

¹ Ins. by Act 25 of 2005, s. 18 (w.e.f. 23 -6-2006).