What is a Chargesheet?
Charge sheet refers to a formal police record showing the names of each person brought into custody, the nature of the accusations, and the identity of the accusers. It is the next step after the FIR followed by the investigation by the police. Chargesheet is important step in starting the court proceedings for the offence against the accused.
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Difference between FIR and Chargesheet:
FIR:
It is a core document that describes that the crime had been committed. It sets the police machinery in action. It has the information about the offence, the accused, the complainant and the details about the offence It is made by the police based on the complainant’s complaint It can be quashed only by High court as per section 482 of CrPC.
Chargesheet:
A chargesheet usually refers to one or more FIRs and charges an individual or organization for (some or all of) the crimes specified in those FIR(s). It sets the court’s trial process against the accused in motion. It has the information about the accused and the witnesses; the charges and specifications; the preferring of charges and their referral to a summary; it is for the trial record. It is made by the police based on the FIR, offence investigation and charges thereof. Can be quashed only by High court as per section 482 of CrPC
The word chargesheet does not find place in the CrPC, but under section 173 Report of police officer on completion of investigation i.e. the document containing the investigation details and thereby justifying the charges as per the investigation, hence in the common language referred to as the Chargesheet.
1.Every investigation under this Chapter shall be completed without unnecessary delay.
2. (i) 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, a report in the form prescribed by the State Government, stating-
a. the names of the parties;
b. the nature of the information;
c. the names of the persons who appear to be acquainted with the circumstances 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, weather with or without sureties;
g. whether he has been forwarded in custody under section 170.
(ii) 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.
Time limit for Filing Charge-Sheet?
The time limit to file charge sheet is related to arrest of the accused in the case.
When is accused is still in police custody, the charge sheet is to be filed within 60 days from the date of arrest of the accused in cases where the maximum punishments does not exceed 7 years and 90 days in cases where the maximum punishment exceeds 7 years.
If the accused is already on bail or released on bond after the preliminary enquiry by the police, then the police may file the chargesheet anytime before the completion of the maximum period of the punishment of the alleged offence.
What can be done in case of delay in filing the chargesheet?
An individual can approach the higher authorities of the police or write to them for their intervention
OR
One can approach the respective state Highcourt under section 482 of the CrPC for issuing directions to police to file the chargesheet without any further delay. The party approaching the Highcourt has to satisfy the Highcourt on the urgency and the need for their intervention.
Effects of delay in filing the charge sheet:
The accused may apply for the default bail and may be released by the concerned court after the accused complies with the bail conditions.
However, the exception to the above is the landmark judgement of the Honourable Supreme Court:
In Rakesh Kumar Paul [4] case, where accused was charged with offence under Section 13(1) of the Prevention of Corruption Act being punishable with imprisonment for a term which shall be not less than four years but which may extend to ten years, the State argued since the petitioner could face imprisonment that could extend up to 10 years; the date for applying for default bail would commence on the expiry of 90 days.
However, Justice Madan Bhimarao Lokur of Supreme Court held that the petitioner had satisfied all the requirements of obtaining Default Bail he had put in more than 60 days in custody pending investigations into an alleged offence not punishable with imprisonment for a minimum period of 10 years, no charge sheet has been filed against him and he was prepared to furnish bail for his release, as such, he ought to have been released by the High Court on reasonable terms and conditions of bail. Justice Deepak Gupta of Supreme Court further held that Section 167 (detention, remand & default bail) (2((a)(i) of the CrPC is applicable only in cases where the accused is charged with:
1. offences punishable with death and any lower sentence;
2. offences punishable with life imprisonment and any lower sentence and
3. offences punishable with minimum sentence of 10 years; in all cases where the minimum sentence is less than 10 years but the maximum sentence is not death or life imprisonment, then Section 167(2)(a)(ii) will apply and the accused will be entitled to grant of default bail after 60 days, in case charge-sheet is not filed.
It was also held, in matters of personal liberty, we cannot and should not be too technical and must lean in favor of personal liberty. In Aslam Babalal Desai (1992) case,Supreme Court has held, The provisions of the Code, in particular Sections 57 (person arrested not to be detained more than 24 hours) and 167 (detention, remand & default bail), manifest the legislative anxiety that once a person’s liberty has been interfered with by the police arresting him without a courts order or a warrant, the investigation must be carried out with utmost urgency and completed within the maximum period allowed by the proviso (a) to Section 167(2) of the Code. It must be realised that the said proviso was introduced in the Code by way of enlargement of time for which the arrested accused could be kept in custody. Therefore, the prosecuting agency must realise that if it fails to show a sense of urgency in the investigation of the case and omits or defaults to file a charge-sheet within the time prescribed, the accused would be entitled to be released on bail and the order passed to that effect under Section 167(2) would be an order under Section 437(1) or (2) {when bail may be taken in case of non-bailable offence} or Section 439(1) {Special powers of High Court or Court of Session regarding bail} of the Code. Since Section 167 does not empower cancellation of the bail, the power to cancel the bail can only be traced to Section 437(5) or Section 439(2) of the Code. The bail can then be cancelled on considerations which are valid for cancellation of bail granted under Section 437(1) or (2) or Section 439(1) of the Code. No case for grant of bail will be made out under section 167(2) of the Code if charge sheet is filed before the expiry of 90 days or 60 days, as the case may be, from the date of first remand. The right of default bail is lost, once charge sheet is filed. Default bail is a sort of a rap on the knuckles of the police for not completing the investigation and filing the final report within 90 or 60 days of first remand of the accused. However, for the failure of a Judge to pass a formal judicial order of extension of remand on the application of the prosecution, default bail is not the remedy. The maxim Actus Curiae Neminem Gravabit meaning – an act of the Court shall prejudice no one, cannot be ignored. Such a ground for bail cannot be founded either under section 167(2) or section 437 of the Code.
Conclusion:
A chargesheet is a core document after the FIR that sets the court process in motion for the said offence. The chargesheet has to be filed in the court by the police after completion of the investigation in the said offence. The time limit max 60 to 90 days incase of depending on the offence and punishments for it if the accused is is in custody.
