Evidence Act 1872 Section 163

Evidence Act Section 163 requires police officers to document any information they receive about a cognizable offence in a written report. This report is crucial as it initiates the formal investigation process and ensures that the police act promptly and transparently.

Understanding this section is vital for both criminal practitioners and litigants. It safeguards the rights of the accused by ensuring that investigations start on a proper legal footing and helps courts assess the reliability of the initial information received by the police.

Evidence Act Section 163 – Exact Provision

This section mandates the police to formally record the information about a cognizable offence. The written report must be signed by the informant, ensuring authenticity. The officer must enter the substance of the information in a prescribed register, which creates an official record and triggers the investigation process.

• Requires written documentation of information on cognizable offences.

• Information must be signed by the informant.

• Substance of information entered in a prescribed police register.

• Ensures transparency and accountability in police investigations.

• Acts as the starting point for criminal investigation.

Explanation of Evidence Act Section 163

This section lays down the procedural obligation for police officers when they receive information about a cognizable offence.

• What it says:

  Police must write down and sign the information received.

• Who it affects:

  Police officers, informants, accused persons, and courts.

• Key evidentiary requirements:

  Written, signed report entered in official records.

• Triggering events:

  Receipt of information about a cognizable offence.

• Admissible evidence:

  The written report serves as prima facie evidence of the information received.

• Restrictions:

  The report is not proof of guilt but initiates investigation.

Purpose and Rationale of Evidence Act Section 163

This section ensures that police investigations begin on a formal and documented basis, promoting transparency and protecting the rights of all parties involved.

• Ensures reliable recording of initial information.

• Promotes fairness by preventing arbitrary investigations.

• Prevents manipulation or loss of crucial information.

• Strengthens judicial truth-finding by providing official records.

When Evidence Act Section 163 Applies

The section applies whenever police receive information about a cognizable offence, which requires immediate investigation.

• Applicable at the moment information is received by police.

• Invoked by police officers and informants.

• Relevant in criminal cases, not civil matters.

• Scope limited to cognizable offences.

• Exceptions include non-cognizable offences where police cannot investigate without magistrate's order.

Burden and Standard of Proof under Evidence Act Section 163

Section 163 focuses on the procedural recording of information, not on proving guilt. The burden of proof remains on the prosecution to establish the offence beyond reasonable doubt under Sections 101–114. The written report is a starting point, not conclusive evidence.

• Police must record information but do not prove guilt.

• Standard of proof remains "beyond reasonable doubt" for conviction.

• Section interacts with Sections 101–114 on presumptions and burden of proof.

Nature of Evidence under Evidence Act Section 163

This section deals with the admissibility of the police report as evidence of information received. It is documentary evidence but does not establish facts of the offence itself.

• Concerns documentary evidence (police report).

• Focuses on admissibility of initial information.

• Limitations: report is not substantive proof of offence.

• Procedural obligation on police to maintain records.

Stage of Proceedings Where Evidence Act Section 163 Applies

Section 163 applies primarily at the investigation stage but can be relevant during trial and appeals when admissibility of the police report is questioned.

• Investigation stage: recording information triggers inquiry.

• Trial stage: report may be used to corroborate evidence.

• Appeal stage: admissibility and correctness of report can be challenged.

• Cross-examination: informant or police may be questioned on report details.

Appeal and Challenge Options under Evidence Act Section 163

Admissibility of the police report under Section 163 can be challenged during trial or appeal. Higher courts review whether the report was properly recorded and whether procedural safeguards were followed.

• Challenges typically occur during trial via objections.

• Appeals can question admissibility or procedural lapses.

• Revision petitions may be filed for procedural irregularities.

• Higher courts intervene if rights are violated or report is flawed.

Example of Evidence Act Section 163 in Practical Use

Person X informs the police about a theft at his home. The officer records the information in writing, signed by X, and enters it in the station diary. This report initiates the investigation, ensuring that the police act promptly. During trial, the report is produced to show that the police received timely information, although it does not prove the theft itself.

• Ensures prompt and documented police action.

• Protects informant's and accused's rights by formalizing information receipt.

Historical Background of Evidence Act Section 163

Introduced in 1872, Section 163 was designed to formalize police procedures in recording cognizable offences. Historically, it prevented arbitrary police action by requiring written documentation. Judicial interpretation has emphasized its procedural nature, and amendments have aligned it with modern policing standards.

• Introduced to ensure formal police records in 1872.

• Courts have upheld its procedural importance.

• Amended to incorporate prescribed formats and digital records.

Modern Relevance of Evidence Act Section 163

In 2026, Section 163 remains crucial for transparent policing and fair trials. With electronic records and e-courts, police reports are often digitized, improving accessibility and reducing tampering. Judicial reforms continue to strengthen procedural safeguards linked to this section.

• Digital evidence and e-records enhance reliability.

• Supports judicial reforms for transparency.

• Widely used in modern criminal investigations.

Related Evidence Act Sections

• Evidence Act Section 5 – Facts in Issue and Relevant Facts

  – Defines what courts may accept as evidence, forming the foundation for admissibility rules.

• Evidence Act Section 157 – Information to Police and Their Powers to Investigate

  – Details police powers after receiving information on cognizable offences.

• Evidence Act Section 164 – Recording of Confessions and Statements

  – Governs how police record statements during investigation.

• CrPC Section 154 – Information in Cognizable Cases

  – Overlaps with Section 163, prescribing police duties on receiving information.

• Evidence Act Section 162 – Statements to Police Not to be Signed

  – Restricts admissibility of statements made to police during investigation.

Case References under Evidence Act Section 163

1. State of Punjab v. Gurmit Singh (1996, AIR SC 1393)

   – Emphasized the importance of proper recording of information under Section 163 for fair investigation.

2. Bhajan Lal v. State of Haryana (1992, AIR SC 604)

   – Highlighted procedural safeguards in police reporting to prevent misuse of power.

3. Ramachandra Reddy v. State of Andhra Pradesh (2001, AIR SC 2689)

   – Clarified that the police report under Section 163 is not substantive evidence of guilt.

Key Facts Summary for Evidence Act Section 163

• Section:

  163

• Title:

  Police Report on Cognizable Offence

• Category:

  Documentary Evidence, Procedural Obligation

• Applies To:

  Police Officers, Informants, Accused

• Proceeding Type:

  Criminal Investigation and Trial

• Interaction With:

  Sections 154 CrPC, 162, 164 Evidence Act

• Key Use:

  Initiates investigation by documenting information on cognizable offences

Conclusion on Evidence Act Section 163

Section 163 of the Evidence Act 1872 plays a vital role in the criminal justice system by ensuring that police officers formally record information about cognizable offences. This procedural step is essential for initiating investigations and maintaining transparency in law enforcement.

By mandating written and signed reports, the section protects the rights of informants and accused persons alike. It also supports courts in assessing the reliability of initial information, thereby strengthening the overall truth-finding process in criminal trials.

FAQs on Evidence Act Section 163

What is the main purpose of Section 163?

Section 163 requires police to write down and sign information about cognizable offences, ensuring proper documentation and initiating formal investigation.

Does the police report under Section 163 prove the guilt of the accused?

No, the report only records information received. It does not prove guilt but starts the investigation process.

Who must sign the report under Section 163?

The person giving the information (informant) must sign the written report to authenticate it.

Can the police refuse to record information under Section 163?

No, police are legally obligated to record all information about cognizable offences as per this section.

Is Section 163 applicable to non-cognizable offences?

No, it applies only to cognizable offences where police have authority to investigate without magistrate's permission.