What Happens After A Chargesheet Is Filed In Court?

For both the accused person and the victim, this question often indicates a lack of clarity regarding what will happen next. A chargesheet is a significant moment in a criminal case as per Section 173 of the Code of Criminal Procedure (CrPC), 1973 [now replaced by Section 193, Bharatiya Nagarik Suraksha Sanhita (BNSS)]. It indicates that the investigating agency believes they have sufficient evidence to prosecute the case.

However, the filing of the chargesheet does not resolve the case. It is the beginning of an important step in the court process, as the court will start to engage with the case at this point. This is the step in the process in which the court will be determining whether or not there is enough evidence to frame charges and allow the case to proceed to trial. This is the first step in the arguments and the legal and formal court process for both parties.

In this article, you will get to know about:

• What is a Chargesheet?
• Role Of Police, High Court, & Magistrate After Chargesheet Filing.
• What Happens Immediately after a Chargesheet is filed in Court?
• Relevant Case Laws.

What Is A Chargesheet?

In order for the succeeding stages to be understood, it is crucial to know well what a chargesheet really means:

Definition under Section 173 of the Code of Criminal Procedure (CrPC), 1973

The chargesheet, or police report, is the police's final report to the Magistrate after the police have finished their investigation, in compliance with Section 173, CrPC [Section 193, BNSS]. Section 173 requires that when the investigation is completed, the investigating officer must forward the report to the Magistrate competent to take cognizance of the offense on a police report. The report is a summary of the facts established in the investigation which states the names of the parties, the nature of the information, names of the persons that appear to be acquainted with the circumstances of the case, whether any offense appears to have been committed and, if so, by whom; whether the accused has been arrested; whether the accused has been released on their bond; and, if so, whether the bond was with or without sureties; and whether the officer in charge of the police station's opinion was that there are sufficient grounds for proceeding against the accused.

Who files the Charge Sheet and When?

The chargesheet is filed by the police (or the investigating officer, or IO for short) at the end of the investigation. There is no stricter time period regarding the filing of a chargesheet than "without" unnecessary delay. However, to a certain extent, while detailing time periods taking into account "warrant of arrest" and "person in custody", Section 167(2) of CrPC [Section 187, BNSS] provides a timeline for completing the investigation and if not complete within that time, the accused is entitled to a bail by default, "bail by default" does not mean that the accused would walk out the door free, but it represents a right to be released on bail for the culpable reasons why the delay occurred.

For offences that are punishable by imprisonment for a term of less than ten years, investigations should ordinarily be completed within 60 days. In cases where an accused has committed an offence that is punishable by a term of imprisonment of 10 years, with a term of "imprisonment for life" or "death," the time period for investigations should be completed within the time period of 90 days. While these time periods for the accused to apply for bail are not specifically defined as the time period in which to complete the chargesheet as well, nevertheless, they will indirectly, in a large variety of any "time frame" to the event of filing the chargesheet.

Also Read : How to Get Chargesheet Copy Online?

Chargesheet vs FIR

Importance of a Chargesheet in a Criminal Case

• Basis for Cognizance: It serves as the basis upon which the Magistrate obtains cognizance (judicial notice) of the crime, and his undertaking the proceedings against the accused.
• Disclosure to the Accused: It provides notice to the accused as to what charge is being brought against him, and what evidence the prosecution will use against him in order to ensure that he receives a fair trial.
• Foundation for Trial: The charge subsequently framed by the Court is based largely on the details in the charge sheet, therefore establishing with finality, the basis of prosecution as it acts to identify specifically the offences of which to put the accused on trial.
• Guidance for the Court: It provides the Court with assistance in summarising the case particulars and identifying evidence at the prosecution's disposal, in order to build an overall picture of what the allegations are and what direction the prosecution should take.
• Accountability of the Police: It is one mechanism to hold the investigating agency to account on the complete nature of their investigation and considering the evidence presented.

Role Of Police, High Court, And Magistrate After Chargesheet Filing

The filing of the chargesheet signifies a shift in the primary responsibility for the case from the police to the judiciary.

Role of the Police

• Assisting the Prosecution: The investigating officer and/or relevant police personnel may have to assist the public prosecutor in the trial by producing documents, clarifying facts, and testifying in person.
• Further Investigation (Section 173(8) CrPC): If, after the chargesheet has been filed, the police receive additional evidence, the police may further investigate and send supplementary chargesheets to the courts under section 173(8) of the CrPC.
• Execute Warrants and Summons: The police shall execute any warrant or summons made or issued by a court to procure the accused or witness.

Role of the Magistrate

• Taking Cognizance: The Magistrate looks at the chargesheet and the material papers, and finds out whether grounds exist to take action against the accused. This is the first vital judicial step.
• Issuing Summons or Warrants: The Magistrate issues summons (if an accused is present) for the accused to appear voluntarily, or warrants for the police to arrest and produce the accused, after looking at the chargesheet, and whether or not the accused is present.
• Ensuring Disclosure: The Magistrate enforces disclosure to ensure copies of the chargesheet and documents are in the accused's possession to prepare for their defense.
• Framing Charges: After hearing the prosecution and the defense, the Magistrate frames the charges against the accused, based on the chargesheet evidence.
• Conducting Trial: The Magistrate conducts the trial by taking evidence, witness examination, hearing arguments, and giving a judgment.
• Passing Orders: During the trial, the Magistrate passes orders, which include bail, admissibility, or other procedural orders.

Role of the High Court

• Supervisory Jurisdiction (Article 227 of the Constitution): The High Court has the supervisory/jurisdiction over all subordinate Courts, including those of the Magistrate, and may exercise this jurisdiction in case of gross miscarriage of justice or serious irregularities.
• Quashing of Chargesheet (Section 482 CrPC): The High Court may quash a chargesheet under its inherent powers, as provided under Section 482 of the CrPC [Section 528 BNSS], if the court considers that there is no sufficient ground for proceeding, or that the proceedings are an abuse of the process of court, or to secure the ends of justice.
• Appellate Jurisdiction (Sections 374-394 CrPC) [Section 413 to 435, BNSS]: The accused is entitled to appeal, if convicted by the Magistrate, to the Session Court (then to the High Court in certain cases). The High Court will examine the records of the trial and the judgment of the subordinate court.
• Revisional Jurisdiction (Sections 397-401 CrPC) [Section 344, 427, 430, 431 and 432, BNSS]: The High Court also has revisional jurisdiction to examine the correctness, legality, or propriety of any finding, sentence, or order passed by a subordinate court.

What Happens Immediately After A Chargesheet Is Filed In Court?

Upon the police filing the chargesheet, the case enters the judicial domain, and several immediate steps follow:

Submission to the Magistrate

In this phase, the investigating officer transfers the case from police investigation mode to judicial process. They prepare the chargesheet, covering the basic elements of evidence, together with the full content of support material (i.e., witness statements, forensic reports, seizure memos, etc.) and submit this material to the court of the magistrate who is competent to take cognizance of the alleged offence.

Initial Review by the Court for Completeness and Legal Sufficiency

Before the prosecutor goes to court, the magistrate will examine the charge sheet and its annexure(s) and make an initial assessment of the charge sheet. The assessment of the charge sheet is to see whether it is in complete compliance with all requirements as stated in Section 173 of the CrPC. The Magistrate will also be determining whether the facts stated in the charge sheet prima facie disclose the commission of a cognizable offense, and whether there is enough material on record to proceed against the accused. This stage is important in order to weed out matters where the investigations are incomplete or where the evidence is clearly lacking.

Issuance of Summons or Warrant To The Accused

If the accused was not arrested during the investigation and there is no bond for the accused to report back to the police, the Magistrate will issue a summons after he takes cognizance, ordering the accused to appear in court on a specific date. A summons is a formal order for a person to whom it is addressed that demands they appear in court.

If the Magistrate has reason to believe that the accused could abscond or not appear in court on that date, even upon being served with a summons, or the offence is serious in nature, the Magistrate could issue a warrant for the arrest of the accused, ordering the police to take him to court. A summons or a warrant will also depend on what the offence is, the actions of the accused in the case when investigated, and the Magistrate thinks about whether the accused will appear of their own accord.

Disclosure of Charges to the Accused

Once the person accused of a crime has appeared in court either by virtue of being arrested and brought there by the police or voluntarily appears without being arrested, the first thing the Magistrate will do is read the charge or ensure that the accused knows the charge(s) against them. In terms of natural justice, all that is required is for the accused to become aware of the allegations that they may be defending against. The accused person will usually be given a copy of the chargesheet and all associated documents, along with the statements of all witnesses taken under Section 161 of the CrPC. This allows for disclosure of evidence, allowing the accused to know what evidence the prosecution will use and to defend against it.

Detailed Steps In Court After Chargesheet Filing

Following the initial procedures, the case moves through a series of detailed steps in court:

Cognizance by Magistrate

As noted previously, cognizance refers to the action on the part of the Magistrate, taking judicial notice of an offense, in light of the documents that have been presented. In cognizance, the Magistrate exercises their mind, to the full range of facts mentioned in the chargesheet (and documents connected to it), to exercise their discretion, to decide if there is sufficient ground for proceeding with the case. The definition of this stage is concisely explained in State of Rajasthan vs. Raj Singh, that at the cognizance stage, the Magistrate is taking cognizance of the offense, not the offender. In the cognizance stage, the Magistrate does not hold a full trial, but they do make an initial determination of whether it is, or is not, an offense that he has jurisdiction to try.

First Court Appearance of the Accused

This is an important stage where the accused makes a formal appearance before the Magistrate after the chargesheet is filed. At this stage, the accused is advised of the charges leveled against him/her, the accused is provided with copies of all relevant documents, and the accused is given an opportunity to be heard on things such as bail. If it is a bailable offense, the Magistrate can grant bail. If it is a non-bailable offense, the accused may be remanded into judicial custody pending further proceedings. In Bhagwant Singh v. Commissioner of Police, it was determined that the informant (victim or complainant) is entitled to be heard at the stage where the police report is being considered, to ensure the case is balanced.

Framing of Charges (Section 228 CrPC for Sessions Cases, Section 240 & 246 CrPC for Warrant Cases, Section 251 CrPC for Summons Cases)

The manner in which charges are framed is different depending on the type of case and the court in which the proceedings are taking place.

Sessions Case

For offenses that can only be tried by the Sessions Court, the process is set out in Section 228 CrPC [Section 251, BNSS]. The procedural requirement for a Sessions Judge is to consider the police report (chargesheet) and all other documents and listen to the argument from the prosecution and the accused regarding whether the case is fit for proceeding against the accused; upon determining there is ground for presuming that an accused has committed an offense triable under this Chapter, the Sessions Judge will frame charges. The charges so framed must be in writing, and must indicate the offense, which offence is said to have been committed, which particular law (and, where relevant, sections of the law), the time and place of the alleged offense, and, if there is one, the person /or the thing against which the offense was committed.

Warrant Cases

For warrant cases tried by a Magistrate, charge framing is provided for in Sections 240 and 246 of the CrPC [Section 263 & 269, BNSS]. Section 240 is relevant to warrant cases instituted on a police report. In such a case, if the Magistrate is of the opinion that there is ground for presuming, upon the police report and examination of the document sent by police with it, and on hearing the accused and the prosecution that the accused has committed an offense punishable under this Chapter, the Magistrate shall frame the charge in writing against the accused. Section 246 applies to warrant cases instituted otherwise than on a police report - that is, when the evidence for the prosecution has been taken and the Magistrate is of the opinion that there is ground for presuming that the accused has committed an offense triable under this Chapter, the Magistrate will frame the charge in writing against the accused.

Summons Cases

For summons cases, there is a simpler procedure under Section 251 of the CrPC [Section 274, BNSS]. In summons cases, there is not really a "framing of charge" as there is in warrant cases or sessions cases. When the accused appears or is produced before the Magistrate, the Magistrate records the particulars of the offence for which the accused is being accused, and asks the accused whether he pleads guilty or not guilty. This statement of particulars is one way in which a mere summons case conforms to the criteria found in the framing of charges, and it informs the accused of the allegations against him.

Commencement of Trial

The trial involves the presentation of evidence by both the prosecution and the defense.

Prosecution Evidence

The prosecution will present its case first, and they will call witnesses (such as the investigating officer, eyewitnesses, forensic experts, etc.) who were interviewed whilst the investigation was carried out. These witnesses will be examined in chief by the public prosecutor, and then they will be cross-examined by the defence. The prosecution will also put in documentary evidence.

Defense Evidence (Section 233 CrPC/Section 256 BNSS for Sessions Cases, Section 243 CrPC/Section 266 BNSS for Warrant Cases)

Once the prosecution has closed its case, the accused will be allowed to present a defense. The accused can either give an unsworn statement or call their own witnesses and lead their own documentary evidence in a full defence to the prosecution’s case. The prosecution can ask the accused witnesses questions as part of their cross-examination of the defence witness.

Defense Arguments

Once both parties have concluded presenting their evidence, the defense lawyer will outline their case, exposing the weaknesses in the prosecutor's case, pointing out the inconsistencies, pointing out the lack of evidence linking the accused to the wrongful act, and arguing for the innocence of the accused.

Judgment and Sentencing

After listening to the final submissions from both sides, the court gives its decision. If the accused is found guilty, the court will then hear submissions on sentencing and will pronounce the quantum of punishment, which could range from a fine to imprisonment, or even the death penalty, depending on the nature of the offence. If the accused is found not guilty, the accused is acquitted.

Also Read : Process To File Police Charge Sheet

Possible Outcomes After Chargesheet Filing

• Trial and Conviction: In the event the prosecution establishes the charges to the satisfaction of the court beyond a reasonable doubt, then the accused will be pronounced guilty and sentenced to the appropriate remedy as provided by law.
• Trial and Acquittal: If the prosecution fails to establish the charges with sufficient legal strength, or if the defense convinces the court that the prosecution’s case has no proscribed appeal, the accused will be acquitted and released.
• Discharge of the Accused (Sections 227 & 239 CrPC/Section 204 & 216 BNSS): Prior to framing charges (in sessions and warrant cases), if it appears to the court that there is no sufficient ground for proceeding against the accused, the court may discharge the accused, this is a means of terminating the proceeding against the accused at an early stage. The interpreter adheres to the principles in Union of India vs. Prafulla Kumar Samal, where the court set the standard to be adhered to at the stage of framing charges. The court, at the report stage, does not have the opportunity to inquire as it would at trial or mini-trial, but only assesses the material with a view to establishing a basis for proceeding.
• Quashing of Chargesheet by Higher Court (Section 482 CrPC/Section 528 BNSS): Firstly, the High Court can quash the chargesheet (if the High Court concludes that it's meritless or an abuse of legal process).
• Compounding of Offenses (Section 320 CrPC/Section 359 BNSS): In the case of certain less serious offenses, the complainant and the accused can come to an arrangement, and the court may permit the offenses to be compounded, which can lead to the accused's acquittal.
• Withdrawal from Prosecution (Section 321 CrPC/Section 360 BNSS): The Public Prosecutor, with the Court's permission, can withdraw from prosecuting any person at any point before the judgment is delivered. If the withdrawal is before any charges are framed, the accused will be discharged; if it is after charges are framed, the accused will be acquitted.

Key Case Laws

A few key case laws are:

Union of India vs. Prafulla Kumar Samal

• Parties: Union of India vs. Prafulla Kumar Samal and Another.
• Issues: Principles to be followed by the court while considering the framing of charges under Section 227 of the Code of Criminal Procedure (CrPC), 1973.
• Outcome: The Supreme Court laid down crucial guidelines for the trial court at the stage of framing charges in sessions cases.
• Judgment: The Court held that the Judge, when determining the issue of charge, has the authority to sift and weigh evidence based on the limited function of deciding whether there is a prima facie case against the accused. If the evidence is not of sufficient ground to proceed, the Judge has a responsibility to discharge the accused. However, such evidence is not to be weighed by the Judge as if there is a trial, and a roaming inquiry is not permitted. A Judge simply asks him or herself whether there is a reasonable basis to go forward with a trial.

State of Rajasthan vs. Raj Singh

• Parties: State of Rajasthan vs. Raj Singh.
• Issues: Clarification of the meaning and scope of "cognizance" under Section 190 of the CrPC.
• Outcome: The Supreme Court provided a definitive explanation of when and how a Magistrate takes cognizance of an offense.
• Judgment: The Court explained that "cognizance" refers to the point at which a Magistrate takes judicial notice of an offence known to them. This judicial cognizance, or knowledge of a fact, is coupled with the intentional use of the judicial mind to facts presented in the complaint or the police report and about starting judicial action. Taking cognizance is not just receiving a police report; it involves the Magistrate contemplating an opinion that there are grounds to commence proceedings.

Bhagwant Singh v. Commissioner of Police

• Parties: Bhagwant Singh vs. Commissioner of Police and Another.
• Issues: The right of the informant (complainant) to be heard at the stage when the Magistrate considers the police report under Section 173(2) CrPC and decides not to take cognizance and drop the proceedings.
• Outcome: The Supreme Court established an important right for the informant.
• Judgment: The Court has also decided that an informant must be given notice and an opportunity to be heard before a Magistrate can refrain from taking cognizance of the offense through the police report filed under Section 173(2) CrPC, and concludes that the present matter simply deserves to be dropped. The informant is effectively a party to these proceedings and allows him an opportunity to provide his stance in circumstances where the police have effectively concluded their investigation in a manner that he considers unwarranted or lacking, which does not serve the informant's position. The right to be heard should be based on fairness principles and allow for the informant to perhaps persuade the Magistrate to take a different position as well.

Conclusion

The filing of a chargesheet marks a significant point in a criminal case, where police investigation transitions to the court system. After the police file a chargesheet, there will be a set procedure that will include the following: the Magistrate will review the chargesheet; the accused will appear before the court; charges will be framed; evidence will be led by both the prosecution and the defence during trial; and finally, a judgment will be delivered. It is vital to recognize these steps, along with the role played by the police, the Magistrate, the High Court, and likely resolutions, when comprehending the criminal justice process. Landmark case laws greatly interpret the procedural rules for each step, and along with the thresholds needed for any step, should ensure that any proceedings are fair and follow the principles of natural justice. While it can be intimidating, knowing what happens after the filing of a chargesheet equips individuals involved in a criminal case to be more informed and prepared for what is to come.

FAQs

A few FAQs are:

Q1. What is a chargesheet and when is it filed in court?

A chargesheet is the final report submitted by the police to the Magistrate under Section 173 CrPC [Section 193 BNSS] after completing their investigation, outlining the evidence and the alleged offenses. It is filed when the police believe they have sufficient evidence to prosecute an individual.

Q2. What happens immediately after a chargesheet is filed in court?

Immediately after filing, the chargesheet is submitted to the Magistrate, who reviews it for completeness and legal sufficiency. If deemed appropriate, the Magistrate takes cognizance of the offense and issues a summons or a warrant to ensure the accused's presence in court. The accused is then provided with copies of the chargesheet and related documents.

Q3. What does "taking cognizance" by the Magistrate mean?

Taking cognizance is the formal act by which the Magistrate takes judicial notice of the offense based on the chargesheet or a complaint, indicating the commencement of judicial proceedings against the accused.

Q4. What happens during the first court appearance of the accused after the chargesheet is filed?

During the first appearance, the accused is informed of the charges against them, provided with copies of the chargesheet (if not done earlier), and the court may consider the issue of bail if the accused is under arrest.

Q5. What is "framing of charges" and when does it occur?

Framing of charges is the formal articulation by the court of the specific offenses the accused is alleged to have committed, based on the chargesheet and preliminary arguments. It occurs after the initial appearance and before the trial begins in warrant and session cases.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified criminal lawyer.