Final Report is submitted in cases where charge sheet could not be forwarded to the court after completion of investigation due to insufficient evidence or no evidence at all or false complaint or mistake of fact or mistake of law or due to non-cognizable nature of the case. The Final Report, pertaining to criminal cases, is compiled by the Investigating Officer in accordance with the provisions outlined in Regulation 275 of the Police Regulations of Bengal, 1943, as well as Section 169 of the Criminal Procedure Code (CrPC), 1973.

Following an investigation of a case conducted under Chapter XIII of the CrPC, if the Investigating Officer concludes that there is insufficient evidence or no reasonable grounds of suspicion to warrant the accused being brought before a competent Magistrate, they are obligated to furnish a comprehensive account of the case in the police report in the form of a Final Report. This report must include clear reasons justifying the decision not to recommend anyone for trial.

In the event that the complainant of the case possesses adequate justification to suspect that the Investigating Officer displayed prejudice towards the accused, or failed to carry out the investigation diligently, they have the option to submit an application on blank paper called Narazi or Protest Petition, outlining the grounds for their belief and presenting any pertinent evidence, if available, in order to challenge the Final Report and request a further investigation. Essentially, this implies that the petitioner is dissatisfied with the police report and refuses to accept it.

There are several grounds on which a Narazi Petition can be filed, such as if the Investigation Officer is biased towards the accused person, if the investigation was not conducted efficiently, if the aggrieved party believes the police investigation was illegal, if the police conducted the investigation through illegal means, if the investigation was politically influenced, if the police obtained witness statements through undue influence or coercion, if the investigation was incomplete, or if the aggrieved party has evidence of negligence on the part of the police.

As per Section 275 of the Police Regulations of Bengal, 1943, Final Reports in police investigations are classified into five distinct types for the statistical purposes of the court:

Final Report True (FRT):

When a Final Report True (FRT) is submitted, it signifies a significant outcome of a police investigation. In such instances, the Investigating Officer affirms that the reported incident did indeed occur according to the initial allegations. However, upon thorough examination and analysis of the evidence, it becomes apparent that the accused individuals are not responsible for committing the offense in question or that there are not sufficient evidences against them to warrant a charge sheet.

For instance, consider a scenario where a murder is reported to have taken place at a specific location. Despite the initial suspicion, further investigation reveals compelling evidence exonerating the accused of any involvement in the murder. Perhaps surveillance footage or witness testimonies corroborate the alibi of the accused, placing them elsewhere at the time of the crime.

In such cases, the Investigating Officer submits a Final Report True (FRT), concluding that while the reported incident did occur, the accused individuals are not liable for committing the offense or there are not sufficient evidences to trace out any accused connected with the case or there are not sufficient evidences against the accused persons to connect them with the crime. This outcome highlights the importance of thorough investigation and the pursuit of truth, ensuring that justice is served and innocent individuals are protected from wrongful accusations.

Final Report False (FRF):

In instances where a Final Report False (FRF) is issued, it represents a critical outcome of a police investigation. Here, the Investigating Officer concludes, after thorough examination, that the reported incident did not transpire as initially described. Consequently, the individuals accused of involvement are absolved of any liability for the offense in question.

For example, consider a case where a murder is reported to have occurred at a specific location, prompting an investigation. However, upon meticulous scrutiny, no evidence of murder is found at the claimed site and the case is found to be case of accidental drowning. Additionally, further inquiry reveals alibis or concrete evidence proving the innocence of the accused individuals, thereby debunking any connection to the alleged crime.

In such circumstances, the Investigating Officer is duty-bound to issue a Final Report False (FRF), signalling that the reported incident did not unfold as purported, and thus, the accused individuals bear no responsibility for the offense. This outcome underscores the importance of diligent investigation in discerning the truth and ensuring that individuals are not unjustly implicated in crimes they did not commit.

Final Report Mistake of Fact (FRMF):

When a Final Report Mistake of Fact (FRMF) is issued, it reflects a significant outcome of a police investigation. Here, the Investigating Officer determines that the reported incident, as described initially, did not occur. Additionally, after a thorough examination, it is concluded that the accused individuals are not responsible for any offense related to the alleged incident.

For example, let's consider a situation where a serious accusation of kidnapping is reported to law enforcement authorities. However, upon meticulous investigation, it becomes evident that the circumstances surrounding the alleged crime are vastly different. Subsequent inquiries reveal that the purported victim and accused were related and the accused was uncle of the victim and they had gone to visit a relative's place, thus negating any criminal intent or wrongdoing.

In such cases, the Investigating Officer categorizes the report as a Final Report Mistake of Fact (FRMF), signifying that while there was an error in the initial reporting, no offense was committed by the accused individuals. This outcome underscores the importance of conducting comprehensive investigations to ascertain the truth and ensure justice is served fairly and accurately.

Final Report Mistake of Law (FRML):

A Final Report Mistake of Law (FRML) represents a pivotal conclusion in a police investigation. In this scenario, the investigating officer concludes that the reported incident, as described initially, did not occur. Furthermore, after a thorough examination, it is determined that the accused individuals bear no liability for any offense. However, the rationale behind this conclusion lies in a misinterpretation or misunderstanding of the applicable legal framework rather than a factual error.

Consider a case where serious allegations of abduction and rape are reported, invoking specific legal statutes. Yet, upon meticulous investigation, it becomes apparent that the circumstances surrounding the alleged crime do not align with the legal criteria set forth in the relevant laws. Instead, the investigation reveals a consensual relationship between the two adult parties involved, which does not constitute an offense under the law cited in the initial report.

In such instances, the Investigating Officer categorizes the report as a Final Report Mistake of Law (FRML). This designation underscores the significance of legal interpretation in the investigative process and emphasizes the need for precise application of legal principles to ensure accurate and just outcomes.

Final Report Non-cog (FRNC):

In situations where a Final Report Non-cog (FRNC) is submitted, it denotes a significant outcome in a police investigation. Here, the Investigating Officer affirms that the reported incident did indeed occur, albeit with variations from the initial report. Moreover, it is determined that the accused individuals bear liability for an offense, but this offense falls under the category of non-cognizable, meaning it does not warrant immediate arrest without a warrant and is typically less severe than cognizable offenses.

In cases where an Investigating Officer submits a Final Report stating that the alleged incident did occur but was not done in a proper manner and that the accused are liable for committing a non-cognizable offense, such a report can be considered as FRNC (final report non-cog). For example, where an allegation is made against the accused under section 326 of IPC but it is found that the nature of the crime falls under section 323 of IPC. If the Magistrate accepts the FRNC, it changes the course of proceedings and assumes that the FIR has been cancelled unless there is any Protest or Narazi petition filed against this.

Consequently, the Investigating Officer submits a Final Report Non-cog (FRNC), indicating that while the reported incident did occur, the offense committed by the accused falls under a different section of the penal code, categorized as non-cognizable. This outcome highlights the importance of precise legal classification and thorough investigation in ensuring accurate and just outcomes in the criminal justice system.

Conclusion:
These classifications serve to categorize the outcomes of police investigations for statistical purposes excluding cases where charge sheet is submitted and provide clarity regarding the nature of the reported incidents and the involvement of the accused individuals. Each type of report reflects the findings and conclusions reached by the Investigating Officer based on the evidence and legal considerations presented during the investigation process.

When charge sheet cannot be submitted in a case, Final Report is submitted to the court. The complainant may disagree with the final report and seek further investigation of the case citing valid reasons by filing Protest or Narazi petition in the court. The magistrate on his own can also order for further investigation of the case under section 173 CrPC or accept the Final Report but the magistrate normally cannot pass order for re-investigation or fresh investigation of the case.

The High Courts and the Supreme Court can normally order for re-investigation or fresh investigation of the case after submission of Final report.

Narazi or Protest petition can also be filed by the complainant of the case in the event of improper submission of charge sheet. The FIR is presumed cancelled if the FRT, FRF, FRMF, FRML or FRNC submitted by the Investigating Officer on completion of investigation is accepted by the court.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: [email protected], Ph no: 9836576565