What Is A Chargesheet?

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:

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