After investigation pertaining to an offence of murder, the Police file a cancellation report. The…

Under Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 173 CrPC) read with Section 210 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 190 CrPC), a police report upon completion of investigation—including a closure or cancellation report stating that no offence appears to have been committed—is forwarded to the Magistrate empowered to take cognizance of the offence on a police report. Even where the offence investigated is exclusively triable by the Court of Session (such as murder), only the Magistrate has the jurisdiction at the initial stage to accept the cancellation report, direct further investigation, or take cognizance after hearing the informant, as the Court of Session cannot take cognizance without committal under Section 213 of the BNSS.