Abstract
A Chargesheet is a crucial document in the criminal justice system in India which marks the culmination of investigation and commencement of prosecution proceedings. Governed by the provisions of the Code of Criminal Procedure, 1973 (CrPC), it plays a crucial role in bringing the alleged offender to trial and ensures that justice is served. This paper aims to explore the legal framework regarding the chargesheet, its judicial interpretation that have shaped their application, its practical challenges and the need for reform.
This paper provides a deep understanding of the chargesheet, its significance, components, legal provisions, and associated judicial interpretation.
Introduction
In India, criminal cases go through three stages: investigation, inquiry, and trial, after which a judgment is passed with proper evidence, statements of witnesses, and other admissible information.
The investigation stage is conducted by police officials or the officer in charge of the police station, and based on that investigation a final report under Section 173 of the Code of Criminal Procedure, 1973 (now Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023) is submitted. The said final report submitted by the police officers can be a chargesheet or it can also be a closure report, which is generally filed when no offence comes to light through the investigation. In a closure report the Magistrate may take cognizance if he thinks fit or he can reorder the investigation.
The chargesheet is the final report made by the police officer or investigating officer after completion of investigation in cognizable and non-cognizable offences. In non-cognizable offences, a chargesheet is filed by the police officer or investigating officer after investigation but the police officer must obtain permission from a competent magistrate before filing the chargesheet. The magistrate then decides whether to take cognizance of the offence based on the police report, which is treated as a complaint.
A chargesheet is a report made by the investigating officer which contains all records right from the start of investigation to its completion. This report also sets out the material evidence, identifies the accused, and lays the foundation of the trial. The significance of the chargesheet not only lies in its procedural function but also in its legal implication; as a result, it balances between two fundamental objectives: ensuring that offenders face justice and protecting individuals from biased prosecution. The reliability of the chargesheet significantly influences the fairness of trial and the effectiveness of the judicial process.
Despite this, the Indian chargesheet system faces various challenges such as procedural delays, investigative shortcomings, and susceptibility to political or social pressure. The study explores the various challenges and reforms which are aimed at improving efficiency, accountability, and fairness in the process of criminal prosecution.
Legal Framework
Legal Provisions of Chargesheet are:
Report of Police Officer on Completion of Investigation
- (1) Every Investigation under this chapter shall be completed without unnecessary delay.
- (1-A) The Investigation relating to an offence under Section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB of Indian Penal Code shall be completed within two months from the date on which the information was recorded by the officer in charge of police station.
- (2) When Investigation is completed, the officer in charge of police station shall forward a report to the Magistrate who is empowered to take cognizance upon a police report, a report in the form prescribed by the State Government, stating:
- The name of the parties;
- The nature of the information;
- The name of the person who appear to be acquainted with the circumstances of the case;
- Whether any offence appears to have been committed and, if so, by whom;
- Whether the accused has been arrested;
- Whether he has been released on his bond and, if so, whether with or without sureties;
- Whether he has been forwarded in custody under section 170;
- Whether the report of medical examination of the woman has been attached where investigation relates to an offence under section 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, or 376E of the Indian Penal Code.
(ii) The officer will also inform, in a way that may be specified by the State Government, the measure he has taken to the individual who initially provided the information regarding the offence.
• Section 173(8) of Code of Criminal Procedure: This section does not prevent additional investigation concerning an offence after a report has been submitted to the magistrate under sub-section (2). If, during such an investigation, the officer in charge of the police station gathers additional evidence, whether oral or documentary, they shall submit to the Magistrate an additional report or reports pertaining to that evidence in the prescribed format. The provisions of sub-section (2) to (6) shall, as much as possible, apply to such additional report or reports in the same manner as they apply to a report submitted under sub-section (2).
• Section 167(2) of Code of Criminal Procedure: It stipulates the time limit for filing of chargesheet, failing which accused is entitled to default bail.
As provided in section 167(2) of the Code of Criminal Procedure, the chargesheet has to be filed within 60 days of the remand of the accused and the period can be extended to 90 days in certain offences. So the chargesheet must be filed within 60 days or 90 days, as the case may be.
But in some Acts, time limit for filing the chargesheet has been relaxed (NDPS Act). The same has been examined by the Hon’ble Supreme Court in the case of M Ravindran v. Directorate of Revenue Intelligence while interpreting the section 36A (4) of the NDPS Act, held that in the cases under NDPS Act, investigation is to be completed in 180 days but not in 90 days, which can be extended by giving special reasons to 1 year. Section 36A of the Act provides that the offences under the Act which are punished for more than 3 years of imprisonment shall be tried only by special courts.
Significance of Chargesheet
- Nature of CrimeThe chargesheet provides full details of crime that occurred. It tells us about the nature of crime, lists of evidence, about accused (including its name) who committed the crime, witnesses and their statement.
- Commencement of TrialThe chargesheet helps in the commencement of trial. Once the chargesheet is submitted in the court, the trial process begins. It contains evidence and witnesses’ statements collected during the investigation which enables the court to frame charge and under what sections of the Indian Penal Code (IPC) or special laws.
- Safeguards the Rights of the AccusedIt makes sure the accused knows the charges which were alleged against him so that he can prepare his defense. This helps in giving a fair chance to both sides.
- Avoid Unnecessary DelayThe police officer must file a chargesheet within a fixed time (usually 60 or 90 days depending upon the nature of the crime) which helps in speedy justice and prevents the accused from staying in jail for too long without trial.
- List the EvidenceThe chargesheet lists all the statements that police have collected during investigation like witness statements, documents, forensic reports, CCTV footage etc., which helps the court to understand the case better.
Supplementary Chargesheet
A supplementary chargesheet is a formal document that can be filed on the direction of the court when the police officer or investigating officer found new evidence, facts and accused during further investigation.
Section 173(8) of the Code of Criminal Procedure provides rights to the police officer to conduct further investigation in a case and file a supplementary report before the magistrate.
The main objectives of supplementary chargesheet are to bring new facts or additional evidence on record, to include new accused person if found during investigation, to correct any error or omissions in the original chargesheet, and to ensure justice is done based on complete facts.
In Ramachandran v. R. Udhayakumar and ORS the Supreme Court held that it is evident that even after completion of investigation under section 173(2) of Code of Criminal Procedure, the police have the right to further investigate under section 173(8) of Code of Criminal Procedure and not fresh investigation or re investigation.
In Rama Chaudhary v. State of Bihar , the court has clearly stated that further investigation will be in continuation of the earlier investigation and cannot be regarded as a fresh investigation.
The Delhi High Court in the case of Surender v. State (NCT OF DELHI) held that there should be reason for further investigation and supplementary chargesheet must indicate new evidence.
Moreover, in Bhagwant Singh v. Commissioner of Police , the court observed that even after filing the charge sheet, if the court is not satisfied, the magistrate may order further investigation.
Initiation of Prosecution
A prosecution is initiated when legal steps or actions are taken towards the accused against whom the charges are framed for the crime, for which the person is accused. It is the point where the trial is started. In Initiation of prosecution the formal chargesheet is presented before the court and then comes the role of prosecution to present the arguments of their side to prove the accused guilty. Chapter XIV of Code of Criminal Procedure Code deals with the Conditions Requisites for Initiation of Proceeding.
Legal and Evidentiary Value
Same as FIR, a charge sheet is also not a substantive piece of evidence. These both are prepared by police officer or any officer under the direction of superior police officer of the respective police station while holding an inquiry and after listening whole facts by the informant and everything found during the investigation, the police officer files the charges against the said accused.
So basically a chargesheet is a legal document which is mainly based on what police officer found during investigation and their opinions regarding the crime and as it is just an opinion of police officers it could not proof the guilt of accused. When the case reached to respective court of law and the trial is started, every charge filed by police officer against the accused must be proved during trial through the procedure of examination.
The chargesheet however helps the court to decide whether to frame charges and proceed with trial. To put it simply, though chargesheet is a significant document in the criminal justice system, it does not have any evidentiary value, unless the material is proved in the court by acceptable evidence and through witnesses.
Comparative Analysis
Chargesheet in United Kingdom
In UK the charge sheet is either prepared by the police or Crown Prosecution Service (CPS). If the charge sheet is prepared by police, the terminology used is “charge” and if prepared by the CPS then the terminology used is “indictment”. The charge is file by police when the offence is minor and indictment is filed by CPS when the offence is serious, used in Crown Court. Here the first hearing after filing the charge is held in Magistrates’ Court and if the offence is serious the case is sent to Crown Court.
The law of UK provides for legal advice for the accused during police custody, questioning and at trial. For preparing indictment the CPS applies “full code test” in which there are two stages, the evidential stage and public interest stage. If after charge the person is in custody the timeline to produce such person before the court is usually twenty-four hours.
Chargesheet in United States
In US the terminologies used are “complaint” or “information” when filed by District Attorney or US Attorney and “indictment” when the offence is serious in nature and filed by Grand Jury. When there is any federal crime, there comes the role of Grand Jury. They after takin a note of every evidence issues an indictment. The Amendment VI to the US Constitution provides eight rights to criminal defendant in which one of the right including is speedy and public trial by an impartial jury. The accused gets the right to counsel immediately when the proceedings begins whether on complaint or information or indictment.
A reasonable ground to believe that any crime has been committed is enough to file a complaint by any said Attorney but for filing indictment there should be reasonable evidences in regards to the heinous crime committed and those sufficient evidences are found by the Grand Jury. Under the Speedy Trial Act of 1974, it required to file an indictment within thirty days of a person’s arrest, and the trial is to be commence within seventy days of that filing. However, the US individual states have the flexibility and right to set their own timelines under their respective legal system.
Chargesheet in India
In India, the police officer files the chargesheet as per the procedure provided under Section 173 of Code of Criminal Procedure,1974 after investigating the crime happened. Once the chargesheet is filed by the police officer the report is presented before the respective Magistrate having jurisdiction and as the case may be he will take cognizance under Section 190 of Code of Criminal Procedure,1974.
Under the Indian law, an accused has the right of legal representative of his own choice from the time of his arrest till the proceeding ends. And such specific right is to be informed by the arresting police officer at the time of making arrest. Only sufficient evidences are enough to file a charge sheet in India by police officers. Section 167 of Code of Criminal Procedure ,1974 deals with the time frame in which the accused can be released from the custody on his default bail. The time period is, if the investigation is not completed within sixty days in minor offence and time period of ninety days for serious offence.
Is Filing Chargesheet Mandatory?
Yes, when a police officer comes to know about occurrence of any cognizable offence by the accused it becomes the duty of police officer to prepare chargesheet. But when the case is of non-cognizable offence here the filing of chargesheet is not mandatory. It can be filed after the court passes the order for investigation in such said case.
Judicial Interpretation
In Patiram v. State of Maharashtra, the court held that every statement recorded by Magistrate of the accused under Section 164 of Code of Criminal Procedure to be disclosed or mentioned in the chargesheet and shall be forwarded to be used as defence and to protect the justice.
Any charge sheet which discloses the offence under Section 307 of Indian Penal Code, and if parties come to compromise, then in case of State of Madhya Pradesh v. Laxmi Narayan & Ors, the court held that in such case the High Court has the power to quash the chargesheet under Section 482 of Code of Criminal Procedure.
In Saurav Das v. Union of India, the Supreme Court held that chargesheet and final reports which are filed under Section 173 of Code of Criminal Procedure can only be accessible to the accused. It also held that it is not a public document under Section 74 of Indian Evidence Act.
Justices Sanjiv Khanna and SVN Bhatti, in Sharif Ahmed & Ors v. State of Uttar Pradesh, observed that “the investigating officer must make clear and complete entries of all columns in the charge sheet so that the court can clearly understand which crime has been committed by which accused and what is the material evidence available on the file.”
Challenges
The filing of chargesheet is a crucial step. It is the conclusion of police investigation and beginning of trial procedure. It is a very important document based on opinion of investigating police officers. Chargesheet is defined as a “final report under sub-section (2) of section 173 of Code of Criminal Procedure” in the landmark case K. Veeraswami v. Union of India & Ors. But there have been several challenges also in post-filing of chargesheet, that are:
- Delay in Filing
Although the laws mandate filing of chargesheet on time, due to inefficiencies and corruption there are delays in filing charges against an accused. And as chargesheet is an important document for initiation of prosecution, it affects the trial procedure. - Insufficiency in Evidence
If police officers lack in collecting accurate evidence for the said charges which are imposed on the accused, it might make the case weak during trial, which could lead to acquittal. - Politics During Investigation
Sometimes powerful people misuse their power and influence the police officers to make false chargesheet which could affect the integrity of the criminal justice system. This can affect the poor or mere civilians who can get stuck in long criminal procedures.
Reforms and Recommendations
Initiatives by Legislative and Executives in Reforms
The recent proposed Sanhita i.e., The Bharatiya Nagrik Suraksha Sanhita, 2023 was passed through the Bharatiya Nagrik Suraksha Sanhita Bill, 2023. The enforcement of this Sanhita resulted in replacing the Code of Criminal Procedure of 1973. The Sanhita aims to set strict timelines for filing chargesheet. With an eye on speedy investigation and trial, the Centre on Friday proposed to set a 90-day deadline for filing a charge sheet, a 60-day time limit on framing of charges, and 30 days for delivery of judgment after the conclusion of the hearing. (New timelines for speedy trial under Centre’s proposed code, August 12, 2023).
The new law also mandates transparency and involvement of new technologies and that every progress of the investigation by the investigating officers to be timely informed to the victims and the informant (if any). The Press Release confirms these features that were newly introduced in the Sanhita.
Section 193 of Bharatiya Nagrik Suraksha Sanhita was replacing Section 173 of Code of Criminal Procedure. Shri Bandi Sanjay Kumar, the Minister of State for Home Affairs, stated: “Section 193 of BNSS mandates that a police report must also include details of the sequence of custody in case of electronic device. The Section also mandates that the police officer must inform the progress of investigation to the informant or victim within 90 days of the investigation. This section further provides that after filing of charge sheet, if further investigation is required, it shall be completed within 90 days and any extension of time period beyond 90 days shall only be with the permission of the Court.” (New Criminal Laws – Accountability of Police, August 6, 2024).
The Sanhita also introduced the use of more technology in criminal procedures.
Judicial Interpretation Regarding Reforms
In the case of Sharif Ahmed v. State of Uttar Pradesh, the Supreme Court imposed a reform that in every chargesheet there should be a clear entry of all contents, attaching all necessary statements of witnesses recorded by Magistrate. The court also warned that “an incomplete chargesheet could result in non-transparency and unfairness which could result in acquittal of accused or quashing the prosecutions.”
Recommendations Regarding Chargesheet
- Tight Schedules for Filing: Adhere to statutory deadlines for investigation and filing of chargesheet. This avoids detention without charges being kept open-ended.
- Immediate Disclosure to Accused: Make sure that the accused (and, by extension, the victim/informant) also get copies of the FIR, chargesheet, and supporting documents within a very short period of time of those being filed (suggested time frame: 14 days).
- Victim Updates: There must be routine updates to victims/informants on the progress of the investigation.
- Technology: Introduce e-investigation tools such as electronic filing of FIRs/chargesheets, digital case diaries, and audio-video recording of statements and crime scenes.
- Transparency Measures: Although full public uploading is in dispute, empower RTI/PIO access to end-product reports. At the very least, keep a record of cases in a form available to the courts and oversight bodies, the media, and civil society under conditions of control.
Conclusion
The chargesheet is not a mere formality of procedure, but is the very foundation of criminal justice. It represents the duty of state to prosecute the offenders whilst providing protections to the individual’s rights. Though important, the current framework is delayed, inadequate, and sometimes misused and abused. There’s no question that procedural and substantive reforms are critical to protect the sanctity of the criminal justice system, and to promote public trust. However, the difficulties appear to lie in the areas of delays, lack of thorough investigation, and lack of accountability that indicate a need for reform.
As India approaches towards modernizing its criminal laws, the reform of the chargesheet process must be a part of the core agenda to ensure justice is not only done, but done efficiently, transparently, and fairly.
Written By: Suryansh Pandey – School Of Law, Justice And Governance, Gautam Buddha University, Greater Noida
