CHARGESHEET

1. Context

2. What is a Charge Sheet?

• A chargesheet defined under section 173 CrPC, is the final report prepared by a police officer or investigative agencies after completing their investigation of a case.
• After preparing the chargesheet, the officer-in-charge of the police station forwards it to the Magistrate, who is empowered to take notice of the offenses mentioned in it.
• The charge sheet is nothing but a final report of the police officer under s. 173(2) of the CrPC,” the apex court held in its 1991 ruling in K Veeraswami vs UOI & Ors.
• A chargesheet must be filed against the accused within a prescribed period of 60-90 days, otherwise, the arrest is illegal and the accused is entitled to bail.

3. What contains in a Charge sheet?

• The charge sheet should contain details of names, the nature of the information, and offenses. Whether the accused is under arrest, in custody, or has been released, whether any action was taken against him, are all important questions that the chargesheet answers.
• Further, when the chargesheet relates to offenses for which there is sufficient evidence against the accused, the officer forwards it to the Magistrate, complete with all documents. This forms the basis for the prosecution's case and the charges to be framed.

4. What is First Information Report(FIR)?

5. How is a Chargesheet different from an FIR?

• The term ‘chargesheet’ has been expressly defined under Section 173 of the CrPC but ‘First Information Report’ or FIR, has not been defined in either the Indian Penal Code (IPC) or the CrPC.
• Instead, it finds a place under the police regulations/ rules under Section 154 of CrPC, which deals with ‘Information in Cognizable Cases’.
• While the chargesheet is the final report filed towards the end of an investigation, an FIR is filed at the ‘first’ instance’ that the police are informed of a cognizable offense or offense for which one can be arrested without a warrant; such as rape, murder, kidnapping.
• Further, an FIR does not decide a person’s guilt but a chargesheet is complete with evidence and is often used during the trial to prove the offenses the accused is charged with.
• After filing an FIR, the investigation takes place. Only if the police have sufficient evidence can the case be forwarded to the Magistrate, otherwise, the accused is released from custody under Section 169 of the CrPC.
• Finally, the FIR should be filed at the first instance of receiving the knowledge of the occurrence of a cognizable offense.
• According to Section 154 (3) of the CrPC, if any person is aggrieved by the refusal of authorities to file an FIR, they can send the complaint to the Superintendent of Police, who will either investigate himself or direct it to their subordinate.
• A chargesheet is filed by the police or law-enforcement/ investigative agency only after they have gathered sufficient evidence against the accused in respect of the offenses mentioned in the FIR, otherwise, a ‘cancellation report’ or ‘untraced report’ can be filed when due to lack of evidence.

6. Why is a chargesheet not a ‘public document’?

• According to the Court, a chargesheet cannot be made publicly available as it’s not a ‘public document’ under Sections 74 and 76 of the Evidence Act, of 1872.
• Section 74: It defines public documents as those which form the acts or records of sovereign authority, official bodies, tribunals, and of public offices either legislative, judicial, or executive in any part of India, Commonwealth, or a foreign country. It also includes public records “kept in any State of private documents”.
• Documents mentioned in this section are only public documents, and certified copies of them must be provided by the public authority having custody of them.
• Copy of chargesheets along with necessary public documents cannot be said to be public documents under this section.
• Section 76: Any public officer having custody of such documents must provide a copy upon demand and payment of a legal fee, along with a certificate of attestation that states the date, seal, name, and designation of the officer.
• As per Section 75 of the Evidence Act, all documents other than those listed under Section 74 are private documents.
• The Supreme Court in the Youth Bar Association of India vs Union of India case (2016) directed all police stations in the country to publish copies of FIRs online within 24 hours of registration, except in cases where offenses were sensitive.
• Only FIRs were covered by this ruling, and chargesheets were not included.

For Prelims & Mains