Chargesheet

GS 2 – Polity

Overview: The Supreme Court recently ruled that offences in a chargesheet cannot be based on bald assertions of connivance without proper evidence.

• A chargesheet is a final report filed by the investigating officer or police officials after completing the investigation of a cognizable or non-cognizable case.
• It is also referred to as a police report or final report.
• The chargesheet contains detailed records starting from the lodging of the FIR (First Information Report) through to the completion of the investigation and preparation of the final report.
• The chargesheet is submitted to the court before proceedings against the accused can begin.

Contents of the Chargesheet: A chargesheet must include the following information:

• Names of the parties involved.
• Nature of the information provided.
• Names of individuals acquainted with the events or facts.
• Details of the offence, including the perpetrator.
• Information about the accused’s arrest, release conditions (with or without sureties), and whether they have been forwarded into custody.

Benefits of a Chargesheet:

• Contains statements from the accused and witnesses.
• Marks the beginning of a criminal trial.
• Specifies the charges on which the court will proceed against the accused.
• Aids the accused in obtaining bail, as it clearly mentions the offences.

Time Limit for Filing a Chargesheet:

• It must be filed within 60 days from the date of the arrest in cases triable by lower courts, and within 90 days in cases triable by the Court of Sessions.
• If the chargesheet is not filed within the prescribed time, the accused has the right to default bail.

Is Filing a Chargesheet Compulsory?

• Filing a chargesheet is mandatory for cognizable offences after an FIR is filed.
• For non-cognizable offences, a chargesheet is not mandatory unless the court orders an investigation.

What is a Cognizable Offence?

• A cognizable offence is one where a police officer can investigate the case without a magistrate’s order and can make an arrest without a warrant.
• Police have the responsibility to act immediately upon receiving a complaint or credible information, investigate the facts, and present the offender before the court.

Non-Cognizable Offence:

• A non-cognizable offence cannot be investigated by the police without the order of a competent magistrate.