Police Chargesheet Procedure

The police charge sheet is a crucial document in the complex criminal justice system of India. A charge sheet is defined as a detailed report created by law enforcement officers following a thorough investigation of a criminal case under Section 173 of the Code of Criminal Procedure (Cr.P.C.). This document marks the shift from inquiry to prosecution and is the basis for the initiation of criminal proceedings. The charge sheet contains all the evidence, witness statements, and other relevant material gathered during the investigation by carefully recording the accused's role in the crime.

What Is Police Charge Sheet?

A charge sheet is a report that a law enforcement official makes after looking into a case, according to Section 173 of the Cr.P.C. It is brought before the court to start the criminal process. A charge sheet is the last document produced by a law enforcement or investigative organization to support a criminal court accusation. A police report, which proves the defendant's involvement in the commission of a crime punishable by India's Penal Code, is often filed by the officer. From starting the investigation process to filing the First Information Report (FIR) to finishing the investigation and generating the final report, this report encompasses and incorporates all the strict record keeping.

When a criminal court receives an accusation sheet, the court decides which defendants have enough prima facie evidence to be tried. Whether or whether the defendant enters a guilty plea, the court formulates charges against them based on the charge sheet and other documented facts.

Purpose

A charge sheet serves as notice that criminal charges have been brought against an individual. The individual against whom the charge sheet has been submitted is referred to as an accused once it has been filed. The start of criminal proceedings is indicated by the charge sheet being filed with the magistrate.

Benefits

• It is a crucial report that starts the criminal case against the defendant.
• The accused's statement is given, along with others.
• Citations are made about the charges levied against the accused.
• It somewhat aids the accused in getting bail.
• A criminal trial cannot start in the absence of a charge sheet.

Is Filing a Charge Sheet Compulsory? 

Police officers must file a chargesheet following the filing of a formal complaint (FIR) if they believe the accused has committed a cognizable offense. They may do this on their own initiative or in accordance with a court's directions. If a non-cognizable offense has been committed, the same is not required until the court mandates an inquiry.

Essential Components Of Police Charge Sheet

A police charge sheet, which outlines the investigation's conclusions and formally accuses the accused of certain acts, is an essential document in the criminal justice system. The following are the fundamental elements of a police charge sheet:

Names Of The Parties Involved

All parties involved in the case, including the accused, the victim or victims, and any other pertinent parties, are listed with their names and details in this section. This data guarantees accurate identification of all participants and offers a transparent record of legal actions.

Nature Of The Information Gathered

This section contains an overview of the proof that was gathered throughout the inquiry. It includes all relevant information gleaned from the crime scene, forensic reports, and other investigation techniques, as well as the facts of the case as established by the police, including the circumstances leading up to the crime, how it was done, and other details.

Names Of Witnesses

All of the witnesses who made statements or submitted evidence throughout the inquiry are listed by name and contact details on the charge sheet. The people listed in this section are vital to the prosecution because they can attest to the case's facts and offer testimony in court.

Details Of The Accused Person

This section includes all of the accused's personal details, such as their complete name, age, residence, job title, and history of criminal activity. It could also contain information on their arrest, such as the time and place of it, as well as the particular accusations made against them.

 Can Police File A Chargesheet Without Evidence?

In short, the answer is yes, even without evidence a chargesheet can be filed by police. To dive further into it, read the following information:

As stated below, it is established law that an accused person is entitled to default bail under Section 167 of the CrPC if the police fail to file a chargesheet within the allotted time frame. As a result, an investigating officer is required under the CrPC to submit a chargesheet with the authorized magistrate following the conclusion of an investigation in a specific instance.

In the case of Ritu Chhabaria v. Union of India (2023), a bench made up of Justices Krishna Murari and CT Ravi Kumar recently made the observation that an investigating body cannot submit a chargesheet or a prosecution complaint before finishing the inquiry in question.

This was often done in order to deny an accused person who had been arrested his right to bail under Section 167(2) of the CrPC. Therefore, it can be said that police have the authority to file a chargesheet following an investigation in a specific case; if the offense is cognizable, the chargesheet will be filed automatically upon completion of the investigation; if the offense is not cognizable, the chargesheet will only be filed upon the magistrate's orders.

When there isn’t Sufficient Evidence

Section 169 CrPC states that a police officer may release an accused person on bail with or without sureties if, following an inquiry, it seems to them that there is insufficient evidence to send the accused person before the magistrate.

But even after the accused is released on bail, the magistrate has the authority to restart the inquiry and make a report in accordance with Section 173 of the CrPC if he thinks it appropriate.

When there is Sufficient Evidence

Section 170 CrPC states that police officers may take an accused person into custody and present them to a magistrate if they believe there is enough evidence against them. If the accused is able to provide security and the charge is subject to bail, the magistrate may request security for the accused's presence before him. The officer is also required to forward any weapon or item to the magistrate, together with any supporting documentation for the prosecution, the statements made in accordance with Section 161 of the CrPC, and the report required under Section 173(5).

Process To File Police Charge Sheet

To understand the process of filing a police charge sheet, first, let's understand the time limit for filing the charge sheet:

Time Frame

According to Section 167 of the Code of Criminal Procedure Code, an accused person may be granted default bail if the investigating agency does not complete the investigation and submit a charge sheet in a court of competent jurisdiction within the allotted time frame of 60 or 90 days.

The following is the time frame that the CrPC specifies for filing a charge sheet:

• 60 days for a magistrate to try an offense
• Offenses subject to a 90-day trial in session court

The accused is entitled to default bail if the charge sheet is not filed in the time frame specified above.

Moving on, there are a few steps required to be followed for filing a charge sheet:

Forwarding report to the Magistrate (for a non-cognizable offense)

When a police officer learns about a crime that is not recognized, they are allowed to document the facts and forward the informant to the magistrate. They need the concerned magistrate's permission before they may begin investigating a non-cognizable matter or submit a formal complaint.

Spot Investigation (for a cognizable offence)

When a police station officer believes that a crime that is punishable by law has been committed, they have the right to report the incident right away to the relevant magistrate, make a formal complaint, and visit the scene of the crime themselves or assign a subordinate officer to do so. They look into the case's facts and circumstances and, if needed, take action to find and apprehend the criminal.

Magistrate’s Order

After receiving the report, the concerned Magistrate can:

• Direct an investigation; or 
• Immediately proceed with a preliminary inquiry into the case; or 
• Dispose of the case.
   

Examining Witnesses

While investigating a case, a police officer can order (in writing) a person who may know about the case to present themselves for questioning as a witness. However, the witness should be questioned at their residence itself, if they are:

• A man below fifteen years or above sixty-five years
• Woman
• A person with a mental or physical disability.

Anyone who may know the matter may be questioned orally by the officer. All inquiries about the case must be answered truthfully by the witness. The witness statements might be recorded by the policeman in writing. In this instance, each witness account should be accurately and separately recorded by the officer. The written statement that the officer records does not require the witness's signature. It is also possible to record the witness statement in audio-video format.

Search

An investigating officer may examine any area inside the confines of their police station if they have a reasonable suspicion that anything important for the investigation could be located there. The search must be justified in the officer's mind in order to quickly retrieve the object. Before beginning a search, they must provide their justification for thinking it is required in writing, along with the search's aim.

Filing A Charge Sheet

The police station officer in charge will send the concerned magistrate a final police report as soon as the inquiry is concluded. This is the charge sheet, which includes the following information:

• Parties to the case
• Witness specifics
• If and by whom a crime has been committed
• If the defendant has been taken into custody 

Conclusion

In India, the police charge sheet filing process is a methodical and exacting process that entails many crucial procedures to guarantee that criminal charges are accurately recorded and presented in court. In addition to being the official start of criminal proceedings, the charge sheet is an essential document that guarantees the accused and other pertinent parties are identified and informed, which helps to ensure a fair trial. Charge sheets also have to be completed within a certain amount of time. By going through these procedures, the charge sheet turns into a crucial component of the criminal justice system, connecting the stages of the investigation and the court proceedings.

About The Author: 

Adv. Keshav Damani is an experienced advocate practicing at the High Court of Gujarat, with over 15 years of expertise in handling cases related to the 138 N.I. Act, criminal law, consumer disputes, and writs litigations and mediations. Based in Ahmedabad, Keshav has demonstrated professional excellence in various legal domains, including civil and criminal litigation, company law, and consumer disputes. He has a strong track record in legal examination, drafting, dispute resolution, and mediation. Keshav began his independent practice in 2008, having previously worked with prominent Senior Designated Counsel Mr. Ashutosh Kumbhakoni. He has also served as Panel Counsel for the Central Board of Excise, Customs, and Service Law, and for the Union of India. He holds a B.S.L., L.L.B. from N.B.T. Law College, Nashik, and is licensed with the Bar Council of Maharashtra