Table of Contents

The following landmark judgments explain the legal principles relating to the Police Report (Charge-sheet/Final Report) under the Bharatiya Nagarik Suraksha Sanhita (BNSS). These cases deal with filing of police reports, further investigation, the Magistrate's powers, supply of documents to the accused, publication of charge-sheets, and the role of the investigating agency.

1. Abhinandan Jha v. Dinesh Mishra (AIR 1968 SC 117)

Held: It was held that Magistrate cannot compel the police officer to submit the charge-sheet.

2. Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537)

Held: Supreme Court held that complainant should be heard before the Magistrate decides to accept or reject the final report.

3. Bikash Ranjan Rout v. State (2019) 5 SCC 542)

Held: The Supreme Court observed that a Magistrate has no jurisdiction to suo moto pass an order for further investigation/reinvestigation after he discharges the accused.

4. Dinesh Dalmia v. CBI (2007) 8 SCC 413)

Held: It was held that so long as the police report is not filed under Section 173(2) (now Section 193(3) of BNSS) the investigation remains pending. The submission of report under Section 173 (2) (now Section 193(3) of BNSS) does not preclude further investigation under Section 173(8) (now Section 193(9) of BNSS).

5. Ramswaroop Soni v. State of M.P. (AIR 2019 SC 3801)

Held: The Supreme Court reiterated that a magistrate, upon receipt of a closure/refer report, cannot direct the police to file charge sheet. Such a direction is wholly unsustainable.

6. Sampat Singh v. State of Haryana (1993) 1 SCC 561)

Held: It was held that in case final report is filed the court should scrutinize the final report and take decision either to accept or reject it.

7. Saurav Das v. Union of India (2023 SCC OnLine (SC) 58)

Held: Supreme Court held that copy of the charge-sheet along with the necessary documents cannot be said to be public documents within the definition of Public Documents as per Section 74 of the Evidence Act (now Section 74 of BSA). Court held that if all the charge-sheets and relevant documents produced along with the charge-sheets are put on the public domain or on the websites of the State Governments it will be contrary to the Scheme of the Criminal Procedure Code and it may as such violate the rights of the accused as well as the victim and/or even the investigating agency. Putting the FIR on the website cannot be equated with putting the charge-sheets along with the relevant documents on the public domain and on the websites of the State Governments.

8. Union of India v. Prakash Hinduja (2003) 6 SCC 195)

Held: It was held that the formation of opinion whether there is sufficient evidence or reasonable ground of suspicion to justify the forwarding of the case to the Magistrate or not is to be that of the officer-in-charge and police station and the Magistrate has no role to play.

9. Youth Bar Association of India v. Union of India (AIR 2016 SC 4136)

Held: It was held that accused is entitled to get a copy of the FIR at an earlier stage than as prescribed under Section 207 of the Cr. P.C. (now Section 230 of BNSS) FIR must be uploaded on Police website within 24 hours unless the case is sensitive in nature i.e. like sexual offences, offences pertaining to insurgency, terrorism