Background: Delay in Criminal Cases Starts Early

Courts face persistent delay because investigators do not submit the Report under Section 173 CrPC (the challan) on time. The law expects police to complete and submit the report promptly after FIR registration. Yet many cases stall for weeks or months. This article explains the legal framework, identifies the real bottlenecks, and presents practical fixes that align with the Code of Criminal Procedure, 1898 and the Police Rules, 1934.

What Section 173 CrPC Requires

Section 173 CrPC mandates a police report to the Magistrate after investigation. The report must reach the court without unnecessary delay. After later amendments (notably Act XXV of 1992), investigators may file an interim report within 17 days from FIR registration and follow with a complete report when evidence matures. The law permits earlier submission; it does not force investigators to wait until day 17.

The Overlooked Rule: Police Rules 1934, Rule 25.56

Rule 25.56 requires the police to seek physical remand (s.167 CrPC) on an incomplete charge sheet (Form 25.56-1), with case diaries attached. The Magistrate records the remand order on the incomplete charge sheet, which then stays on the judicial record. Investigators should repeat this process at each remand stage and then attach that incomplete sheet to the final challan. This workflow keeps the court, SHO, and prosecutor updated and prevents last-minute bottlenecks.

Where Practice Deviates—and Delay Begins

In many courts, police request remand with a bare application and loose diaries, without the required incomplete charge sheet. That deviation breaks the statutory workflow. The court file does not grow with the evolving report. The SHO and the prosecutor do not authenticate progress at each remand. As a result, investigators reach day 14 or 17 and still rush to compile a first challan—causing avoidable delay and repeated adjournments.

Physical vs Judicial Remand: Keep the Paper Trail Intact

• Physical remand (s.167 CrPC): Police custody for investigation. The IO should place an incomplete charge sheet before the Magistrate every time.

• Judicial remand (s.344 CrPC): Custody in jail pending further proceedings. By this stage, the court should already hold the incomplete or complete report on file.
  This sequence preserves continuity, evidences diligence, and allows the court to start trial steps earlier in magisterial cases or forward to Sessions with a proper 173 report.

Role of SHO and Prosecutor: Mandatory Scrutiny

Section 173 practice and Police Rules expect SHO endorsement and prosecutor scrutiny before filing. If the IO places an incomplete charge sheet at every remand, the SHO and prosecutor will spot gaps early—missing witnesses, untested exhibits, or legal defects—and cure them before the final challan. That discipline drastically reduces defaults on the 14–17 day timeline.

The 17-Day Window: Enabling, Not Blocking

Act XXV of 1992 introduced the 17-day interim report to speed justice, not to justify delay. Investigators may file earlier than day 17. Treat the amendment as an enabling cushion for complex tasks (forensics, arrests, recoveries), while still respecting Rule 25.56’s staged reporting. The safest practice:

1. file the incomplete charge sheet at the first remand,

2. update it at every remand, and

3. place the interim or complete challan well within the statutory window.

Action Plan: Fix Delay at the Source

• Enforce Rule 25.56: Direct all IOs to seek remand only on the incomplete charge sheet (Form 25.56-1) with diaries.

• Standardize checklists: Make IOs, SHOs, and prosecutors use a one-page 173 checklist (FSL requests, MLCs, site plan, 161/164 statements, seizure memos, photo logs).

• Time-boxing: Set internal 7-day targets for lab requests, witness tracing, and medicals; review at each remand hearing.

• Prosecutor sign-off gates: No interim/final challan reaches court without prosecutorial vetting for charge accuracy and sufficiency.

• Diary quality control: Train IOs to write fact-specific diaries that show progress and justify remand.

• Digital triggers: Use case-tracking PMIS alerts at day 7, 14, 17 to prevent lapse and escalate to SHO/DSP.

• Court directions: Magistrates should insist on the incomplete charge sheet at remand and record orders on it, as Rule 25.56 commands.

Benefits of Returning to the Text of the Law

When investigators and courts follow Section 173 CrPC and Rule 25.56 as written, three gains appear immediately:

1. Timely challans because the file grows organically from day one.

2. Better investigation due to early, repeated scrutiny by SHO and prosecutor.

3. Fewer adjournments since courts already hold a working report and can schedule trial steps efficiently.

Conclusion

Challan delay in Pakistan does not stem from a lack of law; it stems from deviation from law. Section 173 CrPC, read with Police Rules 25.56, already provides a reliable, staged process: seek remand on an incomplete charge sheet, build the record hearing by hearing, and file the interim/complete report within the statutory window. If police, prosecutors, and Magistrates enforce the text, challans will arrive on time, investigations will improve, and criminal trials will move at the pace justice demands.