Further investigation
1. Section 173(2) of the CrPC mandates that after completing an investigation, a police
officer must submit a final report to the Magistrate.
2. If such investigation found to be flawed the learned magistrate direct for further
investigation according to section 173(3)
● The Magistrate has the power to order further investigation, suo motu or on the
request of parties, even after taking cognizance but before trial begins. This
authority derives from Sections 156(3), 2(h), and 173(8) of the CrPC . The
Supreme Court in Vinubhai Haribhai Malaviya v. State of Gujarat (2019)
confirmed that a Magistrate’s power to direct further investigation continues up to
the framing of charges, as part of safeguarding the right to a fair and just
investigation under Article 21 of the Constitution.
● When the police submitted a final report (closure report) if it appears that no
proper investigation was conducted by them then the protest petition can be filed
before the magistrate. This can be treated as a private complaint under Section
200 CrPC, and the magistrate may order further investigation.
3. The Investigation officer also has the statutory power of further investigation as per
section 173(8).
4. The investigation officer upon further investigation would file a police report and fir in
respect of cognizable offence.
5. Defined as a continuation of the earlier investigation.
● It allows the police to gather additional evidence or clarify aspects that were not fully
explored during the initial investigation.
● It is permissible under Section 173(8) of the Code of Criminal Procedure (Cr.P.C.)
without needing prior permission from the Magistrate
● Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the concept of further
investigation is primarily governed by Section 193(8) and (9). It allows the police to
continue investigating even after submitting a police report (charge sheet), but only
under defined conditions.
Reinvestigation:
1. Refers to a fresh or new investigation that effectively wipes out the previous
investigation.
2. The Crpc is silent in relation to [Link] is not permitted under the current legal framework
unless specifically ordered by a higher court, and even then, it must be clearly justified
● ASEMA BEGAM ALIAS ASEMA KHATOON ALIAS ASEMA BIBI VS STATE OF
WEST BENGAL - Calcutta (2007)Kailash Chandra Lohia, Son Of Late
Rameshwarlal Lohia VS State Of Assam - Gauhati (2017)Satendra Singh VS
State of Jharkhand - Jharkhand (2008).
[Link] high court in exercise of its inherent power under section 482 Crpc and under article 226
of Indian constitution may order for Further investigation,Re investigation or Proper investigation
at the instance of aggrieved person,if the high court is convinced that concluded investigation
was malafide.
[Link] the higher courts in the hierarchy, such the High Courts or the Supreme Court, have the
authority to order a new investigation. No magistrate may demand a new investigation.
Re-investigation cannot be done by the police on their own. Re-investigation requires a specific
order from the court.
● According to the ruling in Vinay Tyagi, a re-investigation may be requested if the judge
finds that the investigation was unfair, tainted, dishonest, or otherwise suspected.
Difference between Reinvestigation and Further Investigation
● In “Ramachandran v. R. Udhayakumar[23],” the court expressed the following
opinion: At this point, it would be important to highlight Section 173 of the Code. It is
clear from a simple reading of the aforementioned section that the police have the
right to continue their investigation under subsection (8) of Section 173 of the Code
even after the investigation under subsection (2) has been completed, but not to
conduct a new investigation or reinvestigation. As a result, there is a difference
between a reinvestigation and a subsequent investigation.
● This distinction is also made in Mithabhai Pashabhai Patel v. State of Gujarat[24].
The breadth and ambit of “further investigation” as described in Section 173(8) of the
CrPC were taken into consideration by the Hon’ble Supreme Court in Para 24 of
the order. In light of this, it was decided that additional inquiry constituted a
continuation of the earlier investigation rather than a “fresh investigation,”
“reinvestigation,” or “de-novo investigation” that was to be initiated from scratch and
completely overwrite the former investigation.
Proper investigation
● Proper investigation under criminal laws refers to the formal process conducted by
law enforcement officer to gather evidence, ascertain facts, and identify offenders
when a cognizable offence is suspected. According to Section 2(h) of the Code of
Criminal Procedure (CrPC), investigation includes all proceedings for collecting
evidence conducted by a police officer or a person authorized by a magistrate.
● Proper investigation should includes 156,157,etc of Crpc provisions.
It involves the police collecting evidence after an officer in charge of a police station
receives information about a crime. Key steps include the police officer reporting to the
magistrate, going to the scene, collecting evidence like statements and seized items, and
preparing a final report to be submitted to the magistrate. For non-cognizable offenses, the
magistrate's order is required for the police to proceed with the investigatio
● So the investigation conducted by police officers not by magistrate directly.
If no proper investigation conducted by police, magistrate may direct for further
investigation.
● Even after the orders of magistrate if no proper investigation followed, the aggrieved
party approach the Higher courts for re investigation under section 482 of Crpc and
article 226 of Indian constitution.
Difference between them : Summary table
Aspect Proper Investigation Reinvestigation Further Investigation
Initial inquiry and New fresh investigation Additional inquiry after
Nature
evidence gathering ordered by higher court initial investigation
No clear provision;
Initiated by police under requires High Allowed under Section
Legal provision
CrPC Court/Supreme Court 173(8) CrPC
order
Mandatory for ordering Magistrate/police may
Court involvement Usually none at the start
reinvestigation order
Establishes facts for first Wipes out previous Supplements previous
Effect on prior report
time investigation investigation
To find facts and To correct tainted or To obtain more evidence
Purpose
evidence incomplete investigation or clarify facts
