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—rti-for-untraced-report [2026/07/22 15:51] (current) – created - external edit 127.0.0.1
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 +{{htmlmetatags>metatag-title=(Untraced FIR? RTI to get the final report | RTI Wiki)&metatag-description=(When police close your FIR as untraced, file RTI to the IO and SP for the final report, then file a protest petition. Step-by-step in plain language.)&metatag-keywords=(RTI, RTI Wiki, India, citizen help)&metatag-robots=(index,follow)&metatag-og:title=(Untraced FIR? RTI to get the final report | RTI Wiki)&metatag-og:description=(When police close your FIR as untraced, file RTI to the IO and SP for the final report, then file a protest petition. Step-by-step in plain language.)&metatag-og:type=(article)}}
  
 +====== Untraced report / final report — RTI ======
 +
 +{{:social:auto:rti-for-untraced-report.png?direct&1200 |Untraced report / final report — RTI — RTI Wiki}}
 +
 +
 +<WRAP center round info 95%>
 +**Quick Reply:** When police close your FIR as untraced, file RTI to the IO and SP for the final report, then file a protest petition. Step-by-step in plain language.
 +</WRAP>
 +
 +<WRAP info>**Direct answer in one line.** When the police close your FIR as "untraced" (case not solved), file an RTI to **both** the Investigating Officer (IO) and the Superintendent of Police (SP) asking for a copy of the **final report**. Once you have it, you can file a **protest petition** in court to stop the case from being closed.</WRAP>
 +
 +===== Ramesh's story: the FIR that went silent =====
 +
 +Ramesh filed an FIR after thieves broke into his shop. For months he kept visiting the police station. Each time the officer said, "We are looking into it, sir." Then the visits and phone calls stopped being answered.
 +
 +After a year a lawyer friend told him, "The police may have quietly filed an **untraced report** — a paper that says 'we could not find the accused, so we are closing the case.' If the magistrate accepts that paper without telling you, the case is over and you may never even know it happened."
 +
 +The good news: the law gives you a clear way to **find out** what the police did, **get the paper** in your hand, and **object** before the case is dropped. That way is the Right to Information Act. This page shows you, step by step, how to use it.
 +
 +===== What is an "untraced" or "final" report? =====
 +
 +When the police finish investigating a case, they must write a report and send it to the magistrate. Under the new law this report can take three shapes: a **charge sheet** (enough evidence found, accused sent to face trial), a **closure report / untraced report** (could not trace the accused or find enough evidence, case to be closed), or a **cancelled report** (no offence made out at all).
 +
 +The "untraced report" is the second kind. It is also called a **final report**. The important point for you: **once this report is filed, the section of the RTI Act that lets police hide papers (because the investigation is still going on) stops applying.** The final report and connected papers become disclosable to you. For the full reasoning, see [[cases:cic-varun-krishna-v-delhi-police-2022-739251|CIC Varun Krishna v. Delhi Police (2022)]] — the information commission held that once an investigation is closed, the **section 8(1)(h) exemption** ("information which would impede investigation or prosecution") ceases to apply. The case-diary (the officer's private day-to-day notes) stays exempt, but the final report itself is yours to ask for. The same principle is explained in [[closure-report-rti|RTI for closure report]].
 +
 +===== The new law you must know: BNSS 2023 =====
 +
 +Until 30 June 2024, India followed the old Code of Criminal Procedure, 1973 (CrPC). From **1 July 2024**, the CrPC was repealed and replaced by the **Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)**. The section numbers have changed, and citing the old CrPC numbers in a paper filed today can get it returned. Use the BNSS numbers instead.
 +
 +  - **BNSS section 193** replaces old CrPC section 173 — it governs the report a police officer sends to the magistrate on completion of investigation (charge sheet, closure report, or untraced report).
 +  - **BNSS section 193(3)(ii)** adds a **new right**: the investigating officer must keep you informed of the **progress of the investigation**, including by electronic means such as SMS or email — a right you can enforce and ask about through RTI.
 +  - **BNSS section 193(9)** keeps alive the power to do **further investigation** even after the final report is sent — the route earlier called "section 173(8) CrPC."
 +  - **BNSS section 528** replaces old CrPC section 482 — the **inherent power of the High Court** to pass any order needed to secure justice, including quashing a bad final report or ordering proper investigation.
 +
 +Remember these four numbers — **193, 193(3)(ii), 193(9), and 528** — and you will be using the current law.
 +
 +===== Your right to be heard: the protest petition =====
 +
 +There is one more rule, and it comes from the Supreme Court, not from the RTI Act. In **Bhagwant Singh v. Commissioner of Police (1985) 2 SCC 537**, the Supreme Court held that **when the police file a final or closure report saying no offence is made out, the magistrate cannot just accept it and drop the case in silence.** The magistrate must first give **notice** to the first informant (you) and give you an **opportunity to be heard**.
 +
 +This is the root of your **protest petition** right — your written objection that says: "I do not agree that this case should be closed. Here is why. Please take cognisance and proceed." To write a strong protest petition, you first need the **final report in your hand**, and that is where RTI comes in.
 +
 +A second Supreme Court ruling helps you further. In **Sakiri Vasu v. State of U.P. (2008) 2 SCC 409**, the Court held that a magistrate can **order further or re-investigation even after the police submit a final report**. The proper ladder is: complain to the **SP** first (BNSS, replacing old section 154(3)); if the SP does not act, approach the **Magistrate** (BNSS equivalent of section 156(3)); only then approach the **High Court** under BNSS section 528. Skipping steps can weaken your case, so keep this order in mind — it is shown again in the escalation ladder below.
 +
 +===== Step-by-step: how to get the untraced report =====
 +
 +==== Step 1: Collect your case details ====
 +
 +Gather the **FIR number**, **police station name**, **date of the FIR**, the **section of law** shown on it, and your **identity proof**. If you are not sure where the FIR is in the system, first read [[rti-for-fir-status|RTI for FIR status]] to get the current status, then come back here.
 +
 +==== Step 2: File the RTI application ====
 +
 +The police are a public authority under the RTI Act, 2005. File your application to **both** the **Public Information Officer (PIO)** at the police station (addressed to the **Investigating Officer (IO)** handling your case) and the **PIO at the office of the Superintendent of Police (SP)** of your district. Filing to both is a safety net — if the station-level IO delays, the SP office has your application on record and can be pressed to reply.
 +
 +==== Step 3: Pay the fee ====
 +
 +For Central Government public authorities, the fee is **Rs. 10** under the **Central RTI Rules, 2012 (Rule 3)**, payable by cash, Indian Postal Order, demand draft or banker's cheque, or **online through rtionline.gov.in**. Court-fee stamps are **not** a prescribed Central mode (some states accept them — check your state rules). A **Below Poverty Line (BPL)** card holder gets the fee **waived** on producing a BPL certificate. The plain-language breakdown is in [[free-rti:rti-is-officially-ten-rupees|RTI is officially ten rupees]].
 +
 +==== Step 4: Write these 5 questions ====
 +
 +Keep your application short and numbered. Ask for: (1) a certified copy of the untraced / final report with the date it was sent to the magistrate; (2) a summary of the investigation — witnesses examined, statements recorded, places visited; (3) the magistrate's order or disposition on the final report; (4) details of any notices sent to you under the Bhagwant Singh rule, with dates and mode of service; and (5) the name, rank, and contact of the officer-in-charge now, and the status of any further investigation under BNSS section 193(9).
 +
 +==== Step 5: Ready-to-use template ====
 +
 +<code>
 +To: The Public Information Officer
 +      Office of the Superintendent of Police, [District]
 +      (Copy to: PIO, Police Station [name])
 +
 +Subject: Application under section 6, RTI Act, 2005 —
 +         Certified copy of final / untraced report
 +
 +My FIR No. [____] dated [____] was registered at Police Station
 +[____] under section(s) [____]. I am the informant.
 +
 +I request the following information:
 +
 +1. Certified copy of the final / untraced report filed under
 +   BNSS section 193, with the date it was forwarded to the Magistrate.
 +2. Summary of the investigation — witnesses examined, statements
 +   recorded, places visited.
 +3. The Magistrate's order/disposition on the report, including
 +   whether any notice was issued to the informant.
 +4. Name, rank, and contact of the officer-in-charge now.
 +5. Status of any further investigation under BNSS section 193(9).
 +
 +The investigation stands closed, so the section 8(1)(h) exemption
 +no longer applies.
 +
 +Fee of Rs. 10 paid by [IPO / cash / online receipt No. ____].
 +(Or: I enclose my BPL certificate and claim fee exemption.)
 +
 +Date: [____]      Signature: [____]
 +Name: [____]
 +Address: [____]
 +</code>
 +
 +==== Step 6: The deadlines the law gives you ====
 +
 +The PIO must reply **within 30 days** (within **48 hours** if a person's life or liberty is at stake). If no reply comes or it is not satisfactory, file a **first appeal** within 30 days to the officer senior to the PIO in the same public authority. If that fails, file a **second appeal** to the **Central Information Commission** (Central authorities) or the **State Information Commission** within 90 days.
 +
 +===== The escalation ladder in one picture =====
 +
 +  - **Police level:** IO does not act → complain to the SP (BNSS, replacing old section 154(3)).
 +  - **Magistrate level:** SP does not act → file before the Magistrate (BNSS equivalent of section 156(3)) for an order to investigate; also file your **protest petition** when the final report is listed.
 +  - **High Court level:** If the magistrate refuses or the closure is wrongful → file under **BNSS section 528** for quashing or proper investigation.
 +  - **RTI as your proof tool:** At every rung, RTI gets you the documents — the final report, the magistrate's order, the officer's name — that make your complaint credible.
 +
 +If you also need arrest or release records, see [[rti-for-arrest-records|RTI for arrest records]]. For a state-level example, [[cases:sic-karnataka-police-records-2021|SIC Karnataka police records (2021)]] shows a State Information Commission ordering disclosure once the investigation was over.
 +
 +===== Common mistakes to avoid =====
 +
 +  - **Filing the RTI without the FIR number.** The office cannot trace your case without it. Write the FIR number, date, and police station name at the top.
 +  - **Asking only the IO, not the SP.** If the IO is the reason the case went cold, the IO may also delay the RTI reply. Filing at the SP level gives you a second lever.
 +  - **Forgetting the BNSS numbers.** Writing "CrPC 173" or "section 482" in a paper filed after 1 July 2024 can get it returned. Use **BNSS 193** and **BNSS 528**.
 +  - **Skipping the protest petition.** Getting the final report is only half the job. Without a protest petition, the magistrate may accept the closure without hearing you.
 +  - **Believing the case is over once marked untraced.** It is not. BNSS section 193(9) allows further investigation, and **Sakiri Vasu** confirms the magistrate can order it. A "closed" case can be reopened with the right papers.
 +
 +===== FAQ =====
 +
 +  - **Q: My FIR has been untraced for years. Can anything still be done?**\\ Yes. File an RTI asking for the **last-action records** — the last date a witness was examined and the status of any further investigation under BNSS section 193(9). With those papers, approach the SP, then the magistrate, then if needed the High Court under BNSS section 528.
 +  - **Q: Can the case be re-investigated after the final report?**\\ Yes. BNSS section 193(9) keeps the route open, and **Sakiri Vasu (2008) 2 SCC 409** confirms the magistrate can order it.
 +  - **Q: The PIO refused, saying the investigation is ongoing. What do I do?**\\ If the final report is already filed, the section 8(1)(h) exemption no longer applies — cite the **Varun Krishna** order and file a first appeal. If the investigation is genuinely still open, ask instead for the **progress reports** you are entitled to under **BNSS section 193(3)(ii)**.
 +  - **Q: Do I need a lawyer for the protest petition?**\\ You can file it yourself, but a lawyer helps word the objections. Free legal aid is available through the State Legal Services Authority for eligible applicants (women, children, SC/ST, and persons below the prescribed income limit).
 +
 +===== Related reading =====
 +
 +  - [[:closure-report-rti|RTI for closure report]]
 +  - [[:rti-for-fir-status|RTI for FIR status]]
 +  - [[:rti-for-arrest-records|RTI for arrest records]]
 +  - [[cases:cic-varun-krishna-v-delhi-police-2022-739251|CIC Varun Krishna v. Delhi Police (2022)]]
 +  - [[cases:sic-karnataka-police-records-2021|SIC Karnataka police records (2021)]]
 +  - [[free-rti:rti-is-officially-ten-rupees|RTI is officially ten rupees]]
 +
 +===== Sources =====
 +
 +  - BNSS 2023 (in force 1 July 2024), sections 193, 193(3)(ii), 193(9), 528.
 +  - Bhagwant Singh v. Commissioner of Police, (1985) 2 SCC 537 — notice and hearing before accepting final report.
 +  - Sakiri Vasu v. State of U.P., (2008) 2 SCC 409 — magistrate can order further investigation after final report; remedy ladder.
 +  - Central RTI Rules, 2012, Rule 3 — Rs. 10 application fee and prescribed modes of payment.
 +  - Section 8(1)(h) RTI Act, 2005 — exemption ceases once investigation is closed.
 +
 +//Last reviewed: 3 July 2026.//
 +
 +===== Go further =====
 +
 +  - **Get the RTI Playbook:** a step-by-step PDF with ready-to-use templates for untraced reports, FIR status, closure reports, and appeals — so you never miss a deadline or a section number again. {{download>rti-playbook.pdf|Download the RTI Playbook}}.
 +  - **Support this work:** these guides are kept free and updated with each change in the law because readers chip in. {{donate|Donate to keep RTI Wiki running}}.
 +
 +{{tag>rti for untraced report final report bnss 193 protest petition bhagwant singh sakiri vasu citizen-rti rti-template}}===== RTI for untraced report: How to get police investigation status (2026) =====
 +
 +RTI for untraced report — complete guide on getting police investigation status:
 +
 +  - **Step 1: What is an untraced report?** (a) An untraced report — is a final — report — filed — by the police — under Section 173(2) — of the CrPC — (now Section 193(2) — of the BNSS, 2023) — when the police — cannot — trace — the accused — or the stolen — property — or solve — the case, (b) the key features: (i) the police — file — the untraced — report — before — the Magistrate, (ii) the Magistrate — can accept — the untraced — report — or direct — further — investigation, (iii) the complainant — can challenge — the untraced — report — under Section 173(2) — proviso (b) — of the CrPC — (now BNSS), (c) the common — situations: (i) the theft — case — where the stolen — property — is not recovered, (ii) the missing — person — case — where the person — is not traced, (iii) the fraud — case — where the accused — is not identified.
 +  - **Step 2: Process timeline table — from FIR to untraced report.** (a) FIR registration: (i) the timeline: day 0, (ii) the action: FIR — registered, (iii) the RTI: ask — for the FIR — copy, (b) Investigation: (i) the timeline: 0-90 days, (ii) the action: police — investigation, (iii) the RTI: ask — for the investigation — status, (c) Untraced report: (i) the timeline: 90-180 days, (ii) the action: untraced — report — filed, (iii) the RTI: ask — for the untraced — report — copy, (d) Magistrate review: (i) the timeline: 180-210 days, (ii) the action: Magistrate — reviews — the untraced — report, (iii) the RTI: ask — for the Magistrate — order, (e) Protest petition: (i) the timeline: within — 30 days — of the untraced — report, (ii) the action: complainant — files — the protest — petition, (iii) the RTI: ask — for the protest — petition — status, (f) Re-investigation: (i) the timeline: as directed — by the Magistrate, (ii) the action: police — re-investigate, (iii) the RTI: ask — for the re-investigation — status.
 +  - **Step 3: How to file RTI for investigation status.** (a) the Police — Department — is a public authority — under the RTI Act, (b) the RTI application — can ask: (i) "Provide the investigation — status — for the FIR — [number] — at [police station] — including: (a) the FIR — date, (b) the investigation — officer — name, (c) the investigation — status, (d) the untraced — report — status, (e) the untraced — report — date, (f) the reason — for the untraced — report", (ii) "Provide the untraced — report — copy — for the FIR — [number] — at [police station]", (iii) "Provide the statistics — of the untraced — reports — for [police station] — for [period] — including: (a) the total — FIRs, (b) the untraced — reports, (c) the charge-sheeted — cases, (d) the recovery — rate", (c) the application fee — is Rs 10.
 +  - **Step 4: How to challenge an untraced report.** (a) the protest — petition: (i) file — the protest — petition — before — the Magistrate — within — 30 days — of the untraced — report, (ii) the protest — petition — should include: (a) the FIR — copy, (b) the untraced — report — copy, (c) the grounds — for challenging — the untraced — report, (d) the evidence — to support — the protest, (b) the Magistrate — order: (i) the Magistrate — can accept — the untraced — report — or direct — further — investigation, (ii) the Magistrate — can also — direct — the reinvestigation — by a senior — officer, (c) the High Court: (i) file — the petition — under Section 482 — CrPC — (now BNSS) — or Article 227 — if the Magistrate — accepts — the untraced — report — despite — the evidence.
 +  - **Step 5: How to file RTI for untraced report statistics.** (a) the Police — Department — and the State — Home — Department — are public authorities — under the RTI Act, (b) the RTI application — can ask: (i) "Provide the statistics — of the untraced — reports — for [district] — for [period] — including: (a) the total — FIRs, (b) the untraced — reports, (c) the charge-sheeted — cases, (d) the conviction — rate, (e) the recovery — rate, (f) the pending — cases", (ii) "Provide the action — taken — on the untraced — reports — for [district] — for [period] — including: (a) the reinvestigation — ordered, (b) the reinvestigation — completed, (c) the charge-sheets — filed — after — reinvestigation", (c) the application fee — is Rs 10.
 +  - **Step 6: Practical tips.** (a) file — the RTI — for the investigation — status — every 30 days, (b) obtain — the untraced — report — copy — via RTI, (c) file — the protest — petition — within 30 days — of the untraced — report, (d) escalate — to the High Court — if the Magistrate — accepts — the untraced — report — despite — the evidence, (e) file RTI — for the untraced — report — statistics — to expose — the police — inaction, (f) Example: A citizen — filed — the FIR — for the theft — and after 90 days — the police — filed — the untraced — report — and the citizen — filed — the RTI — and obtained — the untraced — report — copy — and filed — the protest — petition — and the Magistrate — directed — the reinvestigation — and the accused — was traced — and the charge-sheet — was filed.
 +
 +See [[https://righttoinformation.wiki/rti-for-untraced-report|Untraced Report RTI]] and [[https://righttoinformation.wiki/rti-for-fir-status-2026|FIR Status RTI]].
 +
 +{{tag>untraced report 2026 rti police investigation fir india bnss 2026}}