FURTHER INVESTIGATION - SECTION 173(8) - CLASS ROOM LECTURE SERIES PART -1 | Rahul's IAS |

FURTHER INVESTIGATION:
This is the 1st part of Rahul Sir's lecture on 'Further Investigation' under Sec. 173(8) of the CR.P.C., 1973.
¬FURTHER INVESTIGATION-
SCOPE OF SECTION 173(8) AND ITS INTERPLAY WITH SECTION 156(1) CRIMINAL PROCEDURE CODE, 1973
VINU BHAI HARI BHAI MAVALIYA VS. THE STATE OF GUJARAT AND ANR. (2019 SC)
 Discussion on Section 173(8) CrPC.
 Inserted on the recommendation of 41st Law Commission Report 1969 in the Criminal Procedure Code 1973.
REASONS:-
 New evidences may come forth after filing of Police Report by Police Officer.
 Such further evidence either may be in form of additional evidence against the accused or in his favour.
 For furthering the ends of justice.
 Procedural Law is handmaid of justice.
 Section 173(8) has the effect of making explicit what was already implicit under Section 156(1) of CrPC.
 Section 173(8) is a saving clause.
EFFECT OF SAVING CLAUSE:-
 Power to further investigate under section 173(8) of CrPC is saved from effect of other sub clauses of section 173.
 Section 173(8) is an enabling provision.
 Section 173(8) talks about supplementary chargesheet.
 Police Officer per-se has power to investigate in cognizable case. Then he also has power to conduct further investigation in such case.
It is matter of prudence and proprietary that he seeks permission from Judicial Magistrate before conducting further investigation in such case. It is not an obligation imposed by law.
 
CASES DISCUSSED:-
 Tara Singh v. State (1957 SC).
 Abhinandan Jha v. Dinesh Mishra (1968 SC).
 Ram Lal Narang v. Delhi Administration (1979 SC).
 Suresh Chandra Jain v. State of UP (1984 SC).
 Randhir Singh Rana v. State (1997 SC).
 Vinay Tyagi v. Irshad Ali (2013 SC)
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