What is a charge sheet?
A charge sheet refers to a formal police record showing the name of each
person brought into custody, the nature of the accusations, and the identity
of the accusers. It is also known as a four-part charging Instruments.
When any informant informs the police about any crime that has occurred,
the police, after analyzing the case is a cognizable one, registers the FIR and
proceeds for investigation, arrests etc. After the investigation is over,
the police submit a report to the court called a charge sheet, which forms the basis for the criminal trial.
Now that you understand the definition, let us learn more about charge sheet under the Criminal Procedure Code, 1973.
Read More at Fastrack Legal solutions
Containing:
1) Information about the accused and the witnesses.
2) The charge and Specification.
3) The preferring of charges and their referral to a summary.
4) For the trial Record.
A Charge Sheet is Distinct from the First Information Report, which is
the core Document that describes a crime that has been committed. It
Usually refers to one or more FIRS and Charges an Individual or
Organization for (Some or all of) the crimes Specified in those FIR once
the charge sheet has been submitted to a court of law, Prosecution
Proceedings against the accused begin in the Judicial System.
Section 173 Report of Police officer on Completion of Investigation.
- Every Investigation under this chapter shall be completed without
unnecessary delay. - As soon as it is completed the officer in charge of the police
station shall forward to a magistrate empowered to take
cognizance of the offence on a police report in the form
prescribed by the state government, stating :
(a) The name of the parties.
(b) The nature of the Information.
(c) The name of the person who appear to be acquaintance with the
circumstance of the case.
(d) Whether any offence appears to have been committed and if so by
whom.
(e) Whether the accused has been arrested.
(f) Whether he has been released on his bond and, if so whether with or
without sureties.
(g) Whether he has been forwarded in custody under section 170.
- The officer shall also communicate in such manner as may be
prescribed by the state government the action taken by him, to the
person if any by whom the information relating to the commission
of the offence was first given.
Is There Any Time Bar for Filling Charge sheet?
The time limit to fine charge sheet is related to arrest of the accused in the
case. The charge sheet is to be filed within 60 days from the date of arrest
of the accused in case tribal by lower court and 90 days in case tribal by the
court of sessions. Section 167 of the Code of Criminal Procedure Code provides
for the grant of default bail
to an accused if the probe agency fails to conclude the investigation and file a charge sheet
within a stipulated period of either 60 or 90 days in a court of competent jurisdiction.
For Instances :
FIR is filed against a person a but that person could not be traced and
arrested for many months or even years for the offences of murder the
Investigation is closed after best efforts fail to trace the accused within
couple of months his name is kept on wanted accused Register Say He is
traced and arrested after two years. After filing the FIR against him.
Then the time limit comes into play Charge sheet has to be filed as
stated above as the case may be.
Purpose of a Charge sheet?
The Purpose of a Charge sheet is to notify a person of criminal charge
being issued against them after the charge sheet is filed, the person against
whom the charge sheet has been filed comes to be known as an accused the
filing of charge sheet with the magistrate indicates commencement of
criminal proceedings.
By whom and before whom can a Charge sheet be Filed?
The Officer in Charge of the Police station Which Conduct the
Investigation files the charge sheet before the Magistrate who has
Jurisdiction to take Cognizance of the Matter.
The Magistrate cannot take Cognizance of a crime before filing of a charge
sheet in R.R Chariv state of U.P it was observed that taking cognizance
refers to the application of judicial mind before the court. This means that
before the charge sheet is filed the Magistrate cannot from an opinion as to
the guilt or otherwise of the accused.
Can Police File Charge sheet Without Evidence?
When the police are done with their investigation and have found enough
evidence to proceed with a criminal case, they file a charge sheet, however,
after investigation, if they have not found anything proving the commission
of a crime, they will suggest closing the case by filing a closure report to
the magistrate.
Process after Filing a Charge Sheet
The Report may conclude that an offence appears to have been committed
by a particular person or persons and in such a case, the magistrate may do
one of three things:
- He may accept the report and take cognizance of the offence and
issue process or, - He may disagree with the report and drop the proceeding or,
- He may direct further investigation under sub- section (3) of section
156.
Once the charge sheet has been submitted to a criminal court of law ,
the court decides as to who among the accused has sufficient prima facie evidence
against him to be put on trial. It is on the basis of the charge sheet and other finding
of records, the magistrate frames the charge against the accused, whether to plead guilty or not.
Charge sheet is an important mechanism which the magistrates scrutinizes and makes a pre-inquiry
of it to understand the culpability of the offender in the crime. It is on the basis of the
charge sheet the magistrate can keep reliance on the accusation framed but if the
accused denies the reports of charges framed against him by the police during
the course of investigation, then straight away without any further delay
the matter comes for the stage of “Trial”
CONCLUSION:
The investigation process involved in criminal case is extremely thorough
which involves a lot of procedures which need to be followed with due
diligence. One mistake and it can lead to the acquittal of an offender. The
police leave no stones unturned while investigating the case. The
investigation start from the cognizance of the offence to the filing of the
report under section 173 before the magistrate. The guilty will get
convicted after his trial gets over and the court finds proof that he
committed the offence.
Also Read Cyber Crime and International Relations
