General Legal issues

What Is A Chargesheet?

Adv Vipul Singh Raghuwanshi
Adv Vipul Singh Raghuwanshi Mar 06, 2024 • 100209 Views

A chargesheet is the document that is filed after the completion of investigation by concerned officials i.e. police officers and is defined as Final Report u/s 173 (2) of CrPC.

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What is chargesheet:

A chargesheet is the document that is filed after the completion of investigation by concerned officials i.e. police officers and is defined as Final Report u/s 173 (2) of CrPC. Chargesheet is the important document in criminal cases, which reveals certain events during the course of investigation which otherwise Parties might not have presented before the court, and that whole document is termed as “chargesheet.”

 

Section 173 of CrPC:

Section 173 of CrPC talks about “chargesheet. Final Report that is being presented by the investigation officer in the court pot completion of the investigation under section 173 of CrPC. It contains the rights of victims, accused and investigation agencies.

 

Purpose of Chargesheet:

The main purpose behind this is to notify the accused of the criminal charges framed against him and the person is tagged as accused post the filing of chargesheet and the filing of same in front of magistrate indicates the initiation of criminal proceedings.

It defines all the stringent records, right from initiation of criminal proceedings to lodging of FIR and the completion of investigation and later the Final Report. 

 

Time Limit for filing of Chargesheet:

Section 167 of CrPC provides the benefits to the accused meaning if the police officials fails to submit the chargesheet within stipulated time frame of 60-90 days in the court of competent jurisdiction, by default the bail is granted to the accused.

 

As per CrPC, the prescribed time limit for filing charge sheet is:

  1. Trials by Magistrate: 60 days

  2. Trials by Sessions Court: 90 days

In the event, the chargesheet is not filed within the stipulated time mentioned above, the accused has a right to default bail.

Content of Chargesheet:

  1. Names of Parties involved

  2. The main information meaning the case storyline

  3. Names of the Parties who has been familiar with the facts of the case

  4. What is the probability of offense

  5. Has the accused been arrested?

  6. Has he been released on bail?

Quashing of Chargesheet:

The content of chargesheet can be filed only when the investigation is complete and the same is meant to punish the guilty individuals. These days people along with police officers try to frame false FIRs and chargesheet against them. Both FIR and Chargesheet  both can be quashed by High Court under section 482 as it has inherent powers to do the same. The same could be done on the following grounds:

  1. In case where there is no merit in the complaint that is FIR against the accused or when it does not appear that any offence has not taken place. 

  2. Whenever the court is of the opinion that it contains false claims against the accused.

  3. When in case a compromise was agreed between the parties specifically in exceptional cases.

Difference between FIR and Chargesheet:

 

Basis

FIR

Chargesheet

Meaning

An FIR is the First Information Report, recorded by the police, which is received by it from any person a charged for cognizable offence.

A chargesheet is framed by the police after completing the investigation of a particular case.

Cause

An FIR is lodged when an offence has been committed.

A chargesheet is the later stage  for FIR, and is made after an FIR has been registered n a particular case.

Section

Section 154 CrPC

Section 173 CrPC

Filed by whom

Accused or a victim of the crime.

Investigating officer 

Purpose

Prior information received related to offence.

Basis evidence found, it accuses the person guilty of the offense.

Public document

It is a public document.

It is not a public document.

Phase

It is the initial phase of the investigation. 

It is filed post the investigation.

Where is it filed

It is filed at the police station. 

It is filed with the court.

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Adv Vipul Singh Raghuwanshi

Legal expert and contributor at Sharks of Law. Committed to providing clear and accessible legal guidance to everyone.

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