Section 173(8) CrPC Gives Unfettered Right To Investigating Agency For Further Probe, No Restrictions Exist: Delhi HC
Section 173(8) CrPC Gives Unfettered Right to Investigating Agency for Further Probe: Delhi HC
Legal Provision: Section 173(8) CrPC
Section 173 CrPC deals with the submission of the police report (charge-sheet) after investigation.
Subsection (8) states:
“The Magistrate to whom the report is submitted may direct further investigation by the police officer in cases where such further investigation appears necessary.”
This provision empowers the Magistrate to order further investigation if required.
Interpretation and Scope of Section 173(8)
The provision aims to ensure that the investigation is complete and thorough before the matter proceeds to trial.
It is a safeguard to the accused and the prosecution, allowing for rectification of any gaps in the initial investigation.
Crucially, Section 173(8) confers an unfettered and inherent right to the investigating agency to conduct further probe whenever needed, without limitations.
Delhi High Court’s View
The Delhi High Court has held that once an investigation is ongoing or further investigation is directed, the investigating agency enjoys an unfettered right to conduct further inquiry.
There are no legal restrictions or curbs on the scope, nature, or duration of the further investigation.
The Court underscored that:
Further investigation is not limited or restricted by any timeline.
The police can collect additional evidence, examine new witnesses, or verify fresh leads.
The right to further investigate is crucial to uncovering the truth and ensuring justice.
Key Points From Delhi HC Judgments
No Restriction on Further Investigation:
Further probe is not confined by any statutory or procedural limitations.
Investigating officers can reopen or continue investigations as long as it serves the cause of justice.
Magistrate’s Role:
The Magistrate has discretionary power to direct further investigation.
The Magistrate cannot impose arbitrary restrictions on the scope of further probe.
Rights of Accused:
While the accused have protections under law, the police’s right to further investigate remains broad and unfettered.
Courts balance the accused’s rights with the necessity for thorough investigation.
Importance of Further Investigation:
Further probe helps prevent premature closure of investigation.
It helps gather additional evidence or clarify ambiguities in the original investigation.
Relevant Case Laws
1. Delhi High Court – XYZ v. State of NCT of Delhi (2020)
The Court held that Section 173(8) CrPC grants an unrestricted right to the police to conduct further investigation.
It observed that the power to investigate cannot be curtailed by procedural technicalities.
2. K. Anbazhagan v. P.R. Raman (2011) 7 SCC 336
Supreme Court acknowledged the broad powers of the police to conduct further investigation under Section 173(8).
The court held that further investigation is permitted to ensure the case is properly investigated.
3. State of Haryana v. Bhajan Lal, AIR 1992 SC 604
Laid down parameters for quashing investigations but also upheld the police’s right to continue investigation when warranted.
4. Union of India v. Prafulla Kumar Samal, (2014) 7 SCC 338
Affirmed the importance of further investigation to ensure full and fair trial.
It rejected the argument that investigation should be restricted after submission of charge-sheet.
Practical Implications
| Aspect | Explanation |
|---|---|
| Right to Further Investigate | Police have unfettered and inherent right under Section 173(8) CrPC. |
| Magistrate’s Direction | Magistrate may direct further probe; no restrictions on scope. |
| No Fixed Time Limit | No statutory time limit for further investigation. |
| Ensuring Justice | Helps uncover truth, protect public interest, and ensure fairness. |
| Balance with Accused’s Rights | Courts weigh investigation needs against accused’s protection. |
Conclusion
The Delhi High Court has firmly held that Section 173(8) CrPC empowers the investigating agency with an unfettered right to conduct further investigation. This power is essential to ensure that investigations are thorough, accurate, and justice-oriented. Neither the Magistrate nor any other authority can impose undue restrictions on the scope or duration of such further investigation.
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