FCOP stands for Final Closure Order by Police — also referred to as a Final Closure Report or B-Summary Report in different jurisdictions. It is the report submitted by the police to the Magistrate upon completion of investigation, where the investigating officer concludes that:
- No offence has been made out
- Insufficient evidence exists to prosecute the accused
- The accused cannot be traced despite best efforts
- The complaint was false or frivolous
The FCOP is the negative counterpart of a charge sheet (positive final report). When police submit an FCOP, they are recommending that the case be closed rather than brought to trial.
The Legal Framework for FCOP
Section 173 of the CrPC (now Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023) requires the police to submit a final report to the Magistrate upon completion of investigation — regardless of whether the evidence supports prosecution or not.
When the final report is a negative one (FCOP), the report must specify:
- Names of accused persons
- Nature of the information
- Names of persons who appear acquainted with the facts
- Whether the accused has been arrested
- Whether the accused has been forwarded to custody or released on bail
- The police’s opinion — that there is insufficient evidence
What Happens After an FCOP Is Filed?
Option 1: Magistrate Accepts the FCOP If the Magistrate is satisfied that the police’s conclusion is correct — that no case has been made out or evidence is genuinely insufficient — they accept the FCOP and direct that the case be closed. The accused (if in custody) is released. However, accepting an FCOP does not permanently bar proceedings — fresh evidence can lead to reopening.
Option 2: Complainant Protests the FCOP The complainant/informant has the right to appear before the Magistrate and protest the FCOP — submitting a “protest petition” challenging the police’s conclusion. The Magistrate can examine the complainant on oath and hear their objections.
Option 3: Magistrate Rejects the FCOP If the Magistrate is not satisfied with the police’s conclusion, they can reject the FCOP and take cognizance of the offence themselves under Section 190 CrPC (Section 210 BNSS) — treating the complainant’s original complaint as the basis for proceeding.
Option 4: Order for Further Investigation The Magistrate can also direct the police to conduct further investigation before making a final decision.
FCOP and the Magistrate’s Judicial Role
The Supreme Court in Abhinandan Jha v. Dinesh Mishra (1967) clarified that while a Magistrate cannot compel the police to file a charge sheet when they submit an FCOP, the Magistrate retains judicial power to take cognizance independently and proceed with the case on the complainant’s original complaint.
This judicial oversight over the FCOP ensures that the police’s conclusion does not become the final word on whether an accused should face trial — the Magistrate independently examines the matter.
Frequently Asked Questions (FAQs)
Q: What is the full form of FCOP in law?
A: FCOP stands for Final Closure Order by Police — a report submitted by the investigating officer to the Magistrate recommending that a case be closed due to insufficient evidence, non-commission of offence, or untraceable accused.
Q: What is an FCOP also called?
A: An FCOP is also known as a Closure Report, B-Summary Report, Negative Final Report, or “referred” report depending on state police terminology.
Q: Can a Magistrate reject an FCOP?
A: Yes. A Magistrate can reject the FCOP and independently take cognizance of the offence under Section 190 CrPC — proceeding with the original complaint even if police say there’s insufficient evidence.
Q: What can the complainant do if police file an FCOP?
A: The complainant can file a protest petition before the Magistrate, appear to lead evidence, and challenge the police’s conclusion. The Magistrate considers this before accepting or rejecting the FCOP.
Q: Does an accepted FCOP permanently close the case?
A: No. An accepted FCOP closes the case, but if new evidence emerges, the police or the Magistrate can order re-investigation and fresh proceedings.
Q: Under which section of law is FCOP filed?
A: Under Section 173 of the CrPC (now Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023) — which mandates submission of a final police report to the Magistrate upon completion of investigation.
Q: What if the accused is untraceable?
A: When the accused cannot be found despite all efforts, police submit an FCOP on the ground of “accused untraced.” Courts can direct the matter to be filed and revived when the accused is found.
Q: Can an FCOP be filed when the accused is known but has absconded?
A: Yes. Police file an FCOP after exhausting traceable options, but the Magistrate may simultaneously order proclamation proceedings to have the accused declared a proclaimed offender.
