Further Investigation under CrPC and BNSS : An insight

• Further Investigation means re-opening a case after charge sheet if new evidence emerges.
• Requires magistrate’s permission to ensure fairness and prevent misuse.
• CrPC Section 173(8) and BNSS Section 193(9) allow further investigation after charge sheet, even post-trial (BNSS).
• Section 156(3) CrPC empowers magistrate to order further probe on application.
• Can be requested by complainant, accused, or initiated by magistrate suo motu.
• Grounds include new evidence, omission of key accused, or biased/incomplete investigation.

Poonam Sharma
In Indian criminal jurisprudence, Further Investigation plays a crucial role in ensuring a fair and complete trial process. Often, concerns arise regarding whether a case once investigated and charge-sheeted can be reopened. The answer, both under the Criminal Procedure Code (CrPC) and the new Bharatiya Nagarik Suraksha Sanhita (BNSS), is Yes—provided it meets legal criteria and receives judicial permission.
This article explores what further investigation means, when it can happen, who can initiate it, what provisions of law apply, and how courts interpret it—especially in light of the landmark Vinubhai Haribhai Malviya case.
What is Further Investigation?
Further Investigation refers to the process where, after filing a charge sheet or final report, if new evidence emerges or there are gaps in the previous investigation, the police can reinvestigate the matter with court permission.
This process acts as a safeguard—both for the complainant who may feel justice was denied, and for the accused who may believe the investigation was biased or incomplete.
Legal Provisions under CrPC and BNSS
Under CrPC:
Section 173(8):
Allows the police to conduct further investigation after filing the charge sheet, subject to magistrate’s permission, and submit a supplementary charge sheet.
Section 156(3):
Empowers the magistrate to direct the police to conduct an investigation, including further investigation, upon receiving an application from the complainant or accused.
Under BNSS (equivalent of CrPC 173(8)):
Section 193(9):
Mirrors CrPC’s provision but goes a step further by allowing further investigation even after trial has begun, provided the trial court grants permission.
Summary of BNSS Updates:
Further investigation can occur after charge sheet submission
It is allowed even after trial begins, with the court’s permission
Police can file a supplementary charge sheet after further investigation
When Can Further Investigation Be Ordered?
After charge sheet but before trial begins
The court can order further investigation suo motu or on application by any party.
If any accused is wrongly omitted
If the complainant feels someone guilty was left out, a petition can be filed.
If the accused finds the investigation incomplete
If they were denied access to key evidence or were falsely implicated.
New evidence comes to light
Something that was not known or considered during the initial investigation.
Court’s own observation
If the court finds that statements, forensic reports, or key witnesses were missed.
Who Can Apply for Further Investigation?
Complainant (Victim):
Can file a petition alleging biased or selective investigation, suppression of evidence, or omission of key accused.
Accused Person:
May request further investigation if wrongly implicated or if key exculpatory evidence was ignored.
Magistrate (Suo Motu):
Can order further investigation upon reviewing the case file and realizing shortcomings.
Procedure: Step-by-Step Process
The applicant (victim or accused) submits a detailed petition to the magistrate citing reasons and missed evidence.
The magistrate reviews the request and, if satisfied, permits further investigation.
The police carry out the reinvestigation, collect the new evidence.
A Supplementary Charge Sheet is filed based on new findings.
The court examines the updated materials before deciding whether to frame charges or modify them.
Landmark Case Law: Vinubhai Haribhai Malviya v. State of Gujarat (2019)
This Supreme Court ruling has become a cornerstone in understanding the scope of further investigation:
Held: The magistrate has full authority to order further investigation at any stage before charges are framed.
It emphasized that fair investigation is part of the right to life under Article 21 of the Constitution.
The Court clarified that complainant, accused, police, and court—anyone can initiate further investigation.
This verdict empowered courts to ensure justice is not defeated due to an incomplete or biased investigation.
Key Takeaways and Conclusion
Further Investigation is a powerful tool for justice, ensuring neither the complainant nor the accused is left unheard.
Provisions under CrPC Section 173(8) and BNSS Section 193(9) codify this process, making it judicially accessible.
The magistrate’s discretion plays a crucial role in screening such applications, ensuring they are not misused.
The Vinubhai judgment affirms that even after filing a charge sheet, courts are not helpless; they can ensure thorough re-examination of evidence if needed.
Important Note: Any application for further investigation should be filed immediately after receiving the charge sheet. It must clearly outline which facts or evidence were ignored during the earlier probe.
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