Supplementary charge sheets in India are governed by Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. This section empowers the police to conduct further investigation and file a supplementary charge sheet when new evidence or information comes to light after the initial charge sheet has been filed. Section 193 (9) of BNSS ensures that the court is informed of all relevant developments in the case and allows for the inclusion of additional evidence or charges as necessary to ensure a fair and comprehensive trial.

Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) allows a police officer to continue investigating an offence even after submitting a report to a magistrate, provided they discover further evidence; however, this continued investigation requires permission from the trial court and must be completed within 90 days, though the court can grant extensions. Following this, the officer must submit a report containing the new evidence to the magistrate, adhering to the format prescribed by the state government, and the provisions of sub-sections (3) to (7) of Section 193 BNSS apply to this report. Furthermore, the court retains the authority to permit further investigation during the trial if it deems it necessary.

A supplementary charge sheet, often referred to as an additional charge sheet, is a crucial legal document used in criminal proceedings to augment the information and evidence initially presented in the primary charge sheet. Its purpose is to update the court on new developments that have arisen since the filing of the initial charge sheet. These developments may include fresh evidence, additional witnesses, or even changes to the charges brought against the accused.

Upon submission, the court carefully reviews the supplementary charge sheet, along with the original charge sheet and other relevant documents, during the trial proceedings. The court's role is to determine the admissibility of the new evidence and whether any additional charges should be framed against the accused based on this evidence. This process is essential for maintaining fairness in the legal system, as it ensures that the accused persons are informed of new developments and are provided with an opportunity to mount a proper defence, ultimately contributing to a just and comprehensive adjudication of the case.

Further Investigation:
Further Investigation is when the police continue to look into a case even after they've given a report to the court. In the old law from 1898, there was no clear rule about this. But in 1973, they added Section 173(8) to the law, now Section 193 (9) of the BNSS, 2023, making it a proper rule. This rule says that even after the police send a report to the court, they can still investigate more if they find new evidence.

If they do find something new, they have to tell the court about it in a special report. The same rules that apply to the first report they sent to the court also apply to this new report. This rule is there to make sure the police can keep searching for the truth in a case. Power of further investigation has been given to the police under Section 193 (9) BNSS, whereas a magistrate can order further investigation under Section 175 (3) BNSS.

Can Senior Superintendent of Police (SSP) give order for further Investigation?
According to Section 193(9) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 police have the power to carry out further investigation, even after filing a charge sheet. The law does not require the police to obtain prior permission from a magistrate to conduct further investigations; this right is statutorily granted to them under Section 175 (1) BNSS.

A Senior Superintendent of Police (SSP) can give order for further investigation under Section 193 (9) BNSS on the appearance of fresh evidence, as per power granted to the police officers superior in rank to an officer in charge of a police station under Section 30 BNSS. However, once a trial has commenced, any further investigation requires the express permission of the magistrate or judge conducting trial of the case.

Can an accused request the Court to order further investigation?
Yes, an accused person can request the court to order further investigation under Section 193(9) of the BNSS. Section 193(9) BNSS allows for further investigation by the police if fresh evidence comes to light or other circumstances arise which necessitate additional inquiry. While the police can initiate further investigation on their own, the accused also has the right to approach the court and request such an investigation if he can furnish fresh evidence or produce important witness relating to the case, since Section 193 (3) BNSS has not put any bar on the evidence or witness produced by the accused person.

Here's how the process generally works:

• Accused's Application: If the accused believes that there is new evidence or information that could be crucial to their defence, they can file an application before the court, requesting that further investigation be conducted under Section 193(9) BNSS. This application should outline the reasons for seeking further investigation and the nature of the evidence or circumstances that warrant it.
   
• Court's Discretion: The court has the discretion to consider the accused's application and may order further investigation if it deems the request to be justified and in the interest of justice. The court may also hear arguments from both the prosecution and the defence before making a decision.
   
• Police Action: If the court grants permission for further investigation, the police will then conduct the additional investigation as directed by the court. This may involve gathering new evidence, interviewing witnesses, or taking other investigative steps as required.
   
• Report to Court: Once the further investigation is complete, the police will submit a report to the court detailing their findings. This report is usually in the form of a supplementary charge sheet.
   
• Court's Review: The court will review the report and, based on the new evidence or information presented, decide whether to take any further actions, such as framing additional charges or making necessary adjustments to the case.

It's important to note that the court's decision to order further investigation under Sections 175 (3) and 193(9) BNSS is discretionary and depends on the specific circumstances of the case and the merits of the accused's request. The court's primary concern is ensuring a fair and just trial, and it will consider whether the new evidence or information is substantial and relevant to the case before granting such requests.

Can Complainant Request Court for further investigation?
Yes. When a complainant believes that an injustice may occur because the real culprits were not identified in the initial investigation or due to shortcomings in the inquiry process, they have the right to petition the Magistrate/Judge for redress. This petition outlines the concerns and argues that justice may be compromised if corrective action is not taken.

The role of the Magistrate/Judge in this situation is pivotal. Upon receiving the complainant's petition, the Magistrate/Judge carefully evaluates its contents. The Magistrate/Judge does not conduct an exhaustive inquiry but rather makes an initial assessment, or a prima facie conclusion, based on the provided information and any available evidence. If the Magistrate/Judge is persuaded that there are valid reasons to suspect that the initial investigation was deficient and might lead to an unjust outcome, they have the authority to take action.

To prevent a miscarriage of justice, the Magistrate/Judge can issue an order for further investigation. This directive empowers the police to conduct additional inquiries, collect more evidence, re-interview witnesses, and rectify the deficiencies in the initial investigation. The Magistrate's/Judge's decision to order further investigation ensures that all pertinent facts are examined, promoting fairness and upholding the principles of justice.

Throughout this process, the rights of both the accused and the complainant must be protected. The accused persons must be informed of any development and granted an opportunity to respond, safeguarding their due process rights. The Magistrate's/Judge's role is pivotal in maintaining the integrity of the legal system, as it allows for the correction of investigative lapses and strives to ensure that justice prevails.

In the realm of legal principles, it is a fundamental tenet that not only must justice be served but it must also be perceived as having been served. In pursuit of this objective, the Court possesses the inherent authority to compel additional investigations or re-investigations by an unbiased entity. The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 provides numerous powers though not inherent power under Sections 175 (3), 175 (4) and 193(9) of BNSS to Magistrate/Judge to issue directions even if FIR was registered by police or chargesheet was filed by police to order further investigation.

Role of Court on receipt of Final Report:
When the report forwarded by the Officer-in-charge of a police station to the Magistrate/Judge under sub section (3) (i) of section 193 BNSS comes up for consideration by the Magistrate/Judge, one of two different situations may arise. The report may conclude that an offence appears to have been committed by a particular person or persons and in such a case, the Magistrate/Judge may do one of three things:

1. he may accept the report and take cognizance of the offence and issue process or
2. he may disagree with the report and drop the proceeding or
3. he may direct further investigation under sub-section (9) of Section 193 BNSS and require the police to make a further report.

The report may on the other hand state that, in the opinion of the police, no offence appears to have been committed and where such a report has been made, the Magistrate/Judge again has an option to adopt one of three courses:

1. He may accept the report and drop the proceeding or
2. He may disagree with the report and taking the view that there is sufficient ground for proceeding further, take cognizance of the offence and issue process or
3. He may direct further investigation to be made by the police under sub-section (9) of Section193 BNSS.

Court Judgments on Section 173 (8) CrPC/193(9) BNSS and Supplementary Charge Sheet:

1. Further investigation can be conducted post cognizance, during or after trial. In the case of Prabhavathiamma v. State of Kerala, (2008) 1 KLJ 9, it was clarified by the court that even if the investigation has reached its end, a further investigation under Section 173(8) of the CrPC/Section 193(9) of the BNSS can be conducted even at the post-cognizance stage. Therefore, if additional investigation is feasible after the court takes cognizance, it can also be mandated either during or after the trial proceedings. Tripaksha Litigation, 29 September, 2023.
    
2. Even after completion of investigation under Section 173(2) CrPC, the police have power to further investigate under Section 173(8) CrPC/Section 193(9) of the BNSS, but not fresh investigation or de-novo or re-investigation. In Ramachandran v. R. Udhayakumar and others, the Supreme Court held that from a plain reading of Section 173 of CrPC/Section 193 of the BNSS, it is evident that even after completion of investigation under Section 173(2) of CrPC/193(3) of BNSS, the police have the right to further investigate under Section 173(8) CrPC/Section 193(9) of the BNSS and not fresh investigation, de-novo, or re-investigation.
    
3. Court should not interfere with the statutory powers of the investigating agency when a power under Section 173(8) CrPC/193(9) BNSS is exercised. In Popular Muthiah v. State, represented by Inspector of Police, the Supreme Court held that when power under Section 173(8) CrPC/193(9) BNSS is exercised, the court ordinarily should not interfere with the statutory powers of the investigating agency. The court lacks the authority to prescribe directives for conducting the investigation in a specific manner or through a particular agency.
    
4. When the charge sheet has been filed, it cannot limit the High Court's power to order further investigation under Section 482 CrPC/Section 528 BNSS. In State of Punjab v. CBI, the Supreme Court held that when the charge sheet has been filed, it does not affect or limit the High Court's power to order further investigation or re-investigation under Section 482 of CrPC/Section 528 of BNSS to serve the ends of justice. The case involved senior police officers and political leaders, leading the High Court to mandate an investigation by the CBI. Lawyersclubindia.com, 1 April 2020.
    
5. A Court is not required to wait for FSL result or supplementary charge-sheet if cognizance can be taken based on the charge sheet filed by the police. The Delhi High Court ruled that a court need not delay proceedings awaiting results from the Forensic Science Laboratory (FSL) or a supplementary charge sheet if cognizance can be taken based on the initial charge sheet. Justice Mukta Gupta made this ruling in Madan Lal Chowatia v. State on 27.03.2019. Latest laws, 14 April 2019.
    
6. Charge Sheet and Supplementary Charge Sheet should be considered jointly. The Supreme Court held that while deciding whether an accused has committed an offence, the Magistrate must consider both the charge sheet under Section 173(2) CrPC/193(2) BNSS and the supplementary charge sheet filed after further investigation under Section 173(8) CrPC. (Luckose Zachariah v. Joseph Joseph). Barandbench.com, 2 March 2022.
    
7. Further investigation within the meaning of Section 173(8) CrPC/Section 193(9) BNSS is additional, not fresh investigation. In Rama Chaudhary v. State of Bihar, (2009) 6 SCC 346, the Supreme Court ruled that "further investigation" under these sections is additional or supplemental, not a fresh investigation replacing the earlier one. Tripaksha Litigation, 29 September, 2023.
    
8. Seeking permission from the Court for further investigation is desirable but not mandatory. The Orissa High Court ruled that an order of cognizance cannot be quashed merely because the police conducted further investigation under Section 173(8) CrPC/Section 193(9) BNSS without court permission. Livelaw.in, 12 September 2023.
    
9. Further investigation is not barred merely because cognizance was taken. The Orissa High Court reaffirmed that Judicial Magistrates can order further investigation under Section 173(8) CrPC/Section 193(9) BNSS even after taking cognizance. Livelaw.in, 7 December, 2022.
    
10. No bar on further investigation after the final report is accepted.
11. Further investigation is a continuation of the earlier investigation, not a second investigation.
12. The accused is not required to be heard when considering further investigation.
13. Mere delay in approaching a Court does not automatically justify dismissing a case. The Supreme Court held that while delay is a relevant factor in reaching a verdict, it does not itself justify dismissing a case. SCC Online, 2 May 2023.
     
14. Section 173(8) CrPC/Section 193(9) BNSS grants an "unfettered right" to the investigating agency for further investigation, not limited to trial commencement. The Delhi High Court held that Section 173(8) CrPC/Section 193(9) BNSS grants unrestricted authority for further investigation, which is not limited to trial commencement. Livelaw.in, 9 December 2022.
     
15. Magistrate can order the CBI to conduct further investigation even after accepting a final report. In State of Rajasthan v. Aruna Devi, the Supreme Court ruled that a Magistrate has the authority to order the CBI to conduct further investigation regardless of the final report's acceptance. The court also clarified that accused persons are not entitled to a hearing while considering a request for further investigation. Latestlaws.com, 01 May, 2023.

Conclusion:
Police officers typically file a supplementary charge sheet once they receive reports from the Forensic Science Laboratory (FSL) or expert opinions related to a case. Often, initial case disposal through a charge sheet or final report occurs prematurely due to significant delays in obtaining these reports or pressure from higher-ranking officers to resolve long-standing cases, even without the FSL report or expert opinion. Consequently, a supplementary charge sheet is filed upon later receipt of the FSL report.
 
Furthermore, supplementary charge sheets can also arise from further investigations ordered by superiors or the courts, or even when police officers independently gather new evidence or identify additional witnesses. However, in many instances, FSL reports arrive at the police station after the investigating officer has been transferred. Poor record-keeping or the absence of a proper register for pending FSL reports can then lead to these reports being misplaced, preventing the submission of a supplementary charge sheet and causing complications during the trial.

References:

• https://www.latestlaws.com/adr/latest-news/delhi-hc-explains-magistrate-need-not-to-wait-for-supplementary-chargesheet-or-fsl-result-for-taking-cognizance
• https://www.barandbench.com/news/litigation/section-173-crpc-both-chargesheet-and-supplementary-chargesheet-should-be-considered-to-decide-if-accused-committed-crime-supreme-court
• https://tripakshalitigation.com/supplementary-charge-sheet-what-when-why-its-impact/
• https://www.livelaw.in/high-court/orissa-high-court/orissa-high-court-ruling-court-permission-police-further-investigation-section-173-crpc-237616?infinitescroll=1
• https://www.livelaw.in/news-updates/s1738-crpc-magistrate-not-barred-to-order-further-investigation-after-taking-cognizance-until-trial-commences-orissa-hc-reiterates-216063
• https://www.scconline.com/blog/post/2023/05/02/further-investigation-permissible-even-after-acceptance-of-final-report-supreme-court-legal-news/
• https://ijirl.com/wp-content/uploads/2022/02/DIFFERENT-ASPECTS-OF-SECTION-1738-OF-THE-CRIMINAL-PROCEDURE-CODE.pdf
• https://www.livelaw.in/news-updates/crpc-does-not-limit-right-investigating-agency-investigate-till-trial-begins-delhi-high-court-216214
• https://www.lawyersclubindia.com/judiciary/power-of-magistrate-u-s-178-3-crpc-viz-a-viz-extra-ordinary-jurisdiction-of-high-court-under-article-227-of-constitution-of-india-to-order-further-investigation-4188.asp
• https://indiankanoon.org/doc/118375/
• https://www.latestlaws.com/case-analysis/sc-expounds-difference-between-reinvestigation-and-further-investigation-permits-additional-investigation-after-final-report-199003?utm_source=chatgpt.com

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