Section 173 of the Code of Criminal Procedure, 1973 (CrPC), which governed the submission of the police report (chargesheet) upon completion of investigation, has been replaced by Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The new provision introduces electronic filing of chargesheets, mandates a 14-day timeline for furnishing chargesheet documents to the accused, requires the police to inform the victim or informant of investigation progress within 90 days, and caps further investigation at 90 days with court permission for extension.
What changed
| Feature | Section 173 CrPC (Old) | Section 193 BNSS (New) |
|---|---|---|
| Filing method | Physical filing only | Electronic communication also permitted |
| Document supply to accused | "Without delay" — no fixed timeline | Mandatory within 14 days of production or appearance of accused |
| Victim notification | No mandatory notification of progress | Police must inform victim/informant of investigation progress within 90 days by electronic communication |
| Further investigation timeline | No statutory timeline | Must be completed within 90 days, extendable with court permission |
| Further investigation during trial | Permitted with court's permission | Permitted with court's permission, must be completed within 90 days |
| Core chargesheet contents | Names, offence, evidence, statements | Same — retained without change |
| Forwarding to Magistrate | Every investigation completed without unnecessary delay | Same obligation retained |
Full statutory text
Section 173 CrPC (Old Law) — Relevant Extract:
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) As soon as the investigation 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.
(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.
Section 193 BNSS (New Law) — Relevant Extract:
(1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
(3)(i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, 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 the accused has been released on his bond or bail bond; (g) whether the accused has been forwarded in custody under section 190; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; (ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim.
(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) 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 as the State Government may, by rules, provide: Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.
Key differences
Electronic filing: Section 193(3) expressly permits electronic filing of the chargesheet, modernising the submission process and eliminating the requirement of physical filing in all cases.
14-day document supply deadline: Section 193(5) replaces the vague "without delay" standard under CrPC with a fixed 14-day deadline. The Magistrate must furnish the chargesheet and all prescribed documents to the accused within 14 days of production or appearance.
90-day victim notification: Section 193(7) introduces a new obligation on the police to inform the victim or informant about investigation progress within 90 days, including by electronic communication. This enhances transparency and keeps stakeholders informed.
90-day further investigation cap: Under CrPC, further investigation had no statutory timeline and could continue indefinitely. Section 193(9) BNSS caps further investigation at 90 days, extendable only with court permission.
Further investigation during trial: Where further investigation is conducted during the trial itself, it must be completed within 90 days with the permission of the court trying the case, and may be extended with court permission.
What this means for practitioners
For defence counsel: The 14-day document supply deadline is a significant new right for the accused. If the chargesheet and prescribed documents are not furnished within 14 days, defence counsel can move the court to direct compliance or seek appropriate relief. This prevents the earlier practice of indefinite delays in providing chargesheet copies.
For prosecution: Electronic filing provides convenience but requires digital infrastructure. The 90-day further investigation cap means investigating agencies must plan supplementary investigations promptly rather than leaving them open-ended.
For victims: The 90-day progress notification is a new statutory right. Victims and informants can demand updates on investigation status and challenge non-compliance before the Magistrate.
For pending cases: Under Section 531(2)(a) BNSS, investigations pending before 1 July 2024 continue under Section 173 CrPC. Chargesheets filed on or after 1 July 2024 must comply with Section 193 BNSS, including the 14-day document supply deadline and 90-day further investigation timeline.
Does old case law still apply?
Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537: The principle that the Magistrate must apply his mind to the police report and decide whether to take cognizance continues to apply. The Magistrate is not bound to accept the police report and may disagree with the investigating officer's conclusion.
Vinay Tyagi v. Irshad Ali (2013) 5 SCC 762: The distinction between "further investigation" (permissible) and "re-investigation" (generally not permissible without Magistrate's direction) continues to apply under Section 193(9) BNSS, now subject to the 90-day timeline.
Hasanbhai Valibhai Qureshi v. State of Gujarat (2004) 5 SCC 347: The right of the Magistrate to direct investigation under Section 156(3) CrPC (now Section 175(3) BNSS) and the interplay with chargesheet filing remain governed by the same principles.
All case law on the contents of the chargesheet, the Magistrate's power to accept or reject the police report, and the right to further investigation continues to apply, subject to the new timelines under BNSS.
Frequently asked questions
Can chargesheets be filed electronically under BNSS? Yes. Section 193(3) BNSS expressly permits filing the police report "through electronic communication also." This is in addition to the traditional physical filing method.
What is the deadline for providing chargesheet copies to the accused? Under Section 193(5) BNSS, the Magistrate must furnish the chargesheet and all prescribed documents to the accused within 14 days of the date of production or appearance of the accused before the Magistrate. The copies must be free of cost.
Is there a time limit for further investigation after chargesheet? Yes. Section 193(9) BNSS requires further investigation to be completed within 90 days of filing the report. This timeline can be extended with court permission.
Must police inform the victim about investigation progress? Yes. Section 193(7) BNSS requires the officer in charge of the police station to inform the victim or informant about investigation progress within 90 days, including by electronic communication.