When a report is forwarded by the police under Section 173(2)(i) with the conclusion that an offence appears to have been committed by a particular person or persons, which of the following courses would not be open to the Magistrate-
A. To accept the report and take cognizance of the offence and issue process
B. To disagree with the report and drop the proceeding
C. To direct further investigation under Section 156(3) and require the police to make a further report
D. To direct the police to file an amended charge-sheet
Answer: Option C
This Question Belongs to Law >> Code Of Criminal Procedure
In the context of the Bharatiya Nagarik Suraksha Sanhita (BNSS)—which has replaced the CrPC—the police report (commonly known as a "Charge Sheet") is submitted under Section 193(3) (formerly Section 173(2)).
The correct answer is D. To direct the police to file an amended charge-sheet.
Why is "D" not an option for the Magistrate?
The law provides the Magistrate with judicial powers, but it does not allow them to act as a "supervisory police officer."
Judicial Independence: A Magistrate can either accept or reject the police's findings, but they cannot tell the police what to write in their report.
The Procedure: If the Magistrate finds the report incomplete or unsatisfactory, they can order "further investigation," but they cannot dictate the final conclusion or ask for an "amended" version of the existing sheet. The police must be free to form their own opinion based on the evidence they find.
The 3 Valid Paths (A, B, and C)
When a Magistrate receives a charge sheet stating a crime was committed, they have three legal roads they can take:
Accept and Proceed (Option A): If the Magistrate agrees with the police, they "take cognizance" and issue a summons or warrant to the accused to start the trial.
Disagree and Drop (Option B): If the Magistrate feels the evidence doesn't actually show a crime occurred (despite what the police say), they can refuse to take cognizance and drop the proceedings.
Order More Digging (Option C): If the Magistrate feels the investigation was lazy or missed key points, they can order Further Investigation under Section 175(3) of BNSS (formerly 156(3)).