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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[b.ksharma]

Guru Brmha Guru Vishu Guru devo Maheshwar Guru Sakshat par brahaman tasme shiri guru namah ..Pranam gurudev

[abcdefghijklmnopqrstuvwxy]

Sir plz start ONLINE CLASSES so that students who can't come to Delhi for ur coaching can find some help

[jeetnekeliye]

Class is very useful Sir please upload more vedios ....Thank U

[ag.]

God
God of law🙏🏻
Best law teacher in India🙏🏻

[bhagyamane]

Sir only investigation officer kr sakata hai ki koi aur police officer 173(8) ka supplementry chargesheet submit kr sakata hai...

[khansupriya]

When Supreme Court has clearly stated permission is must how can you teach that if Magistrate says 'no' the police officer can still further investigate? Without even challenging such order and without some higher court telling that order is illegal, the police cannot do so

[pushpitdevhri]

महोदय, पुलिस अधिकारी द्वारा न्यायायाय में किस तरह की एप्लीकेशन कोर्ट में दि जाती जबकि कोर्ट में पुलिस द्वारा आरोप पत्र प्रेषित कर दिया गया है।

[shivamsingla]

Sir, it is difficult for me to manage Coaching fee structure, can there be some help to me

[sdf.]

Sir plz start online classes ...for those student who are living in other states ....plz

[pruthvirajchandanshiv]

For submitting the additional chargesheet permission is required

[abinaspattanaik]

If the charge sheet is nt filed within the stipulated period of 2 months, in relating to case of Rape according to U/s 173 1-A, Can U/s 167(2) crpc be worked out. ???

[vaibhav]

please upload on mains answer writing, need help

[jaskaranwaraich]

Sat sri akal, Namaste Respected Sir 🙏

[ajaysaini-jzoj]

Sir ...greetings... can a complainant/ victim make a request before court for the further investigation in case

[gurpreetkaur-lfzj]

sir i want to take classes from you but i am financialy weak pls help me if u can🙏

[shauryacarr]

IO to magistrate informing about further investigation:- पूछ नहीं रहे हैं, बता रहे हैं

[sujatatyagi]

Can u provide some hindi lecture please

[Deepak-nycj]

Sir I want to take coaching from you plz. Tell me is it allowed to ask questions during class? IF yes can I ask in hindi?

[qwei]

Education mafia, earning more than chief justice of India😢

[firozakhtar]

How many students in a class in hindi medium