Last Updated on December 7, 2018 by Legalseva.net
Criminal Charge: An accusation of crime formulated in a written complaint , information or indictment and taking shape in a prosecution.
Criminal Case: Prosecution by the State of a person or organization for committing a public wrong considered as offence against the state.
Standard of proof for crimes is higher than for civil wrongs and for major crimes such as Murder, guilt must be established beyond a reasonable doubt.
Also called criminal suit.
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Chargesheet : Report under Section 173 of code of criminal procedure is called chargesheet.
The police chargesheet corresponds to a complaint made by a private person on which criminal proceedings are initiated. Submission of chargesheet means that the preliminary investigation and preparation of the case is over and the Magistrate can then take cognizance of the offence. After filling of the chargesheet under Section 173 and the posting of case for further cross examination there can be no further investigation by the police in the case. Chargesheet is not a complete or accurate basis of the prosecution case . Inappropriate delay in submitting final report can lead to the grievance that the investigation is carried on unfairly or with some ulterior motive.
Simply Chargesheet is a formal police record that gives the names of persons who are in custody ,the nature of their accusation and their identification.
It gives
- Information about persons.
- Charges against them.
- Records of trial.
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Difference between FIR and Chargesheet.
FIR is a report prepared by police after it comes to know about a criminal offence in their jurisdiction.
FIR is formal document by which police comes into action.
An FIR can be made telephonically or by a person present and giving information at police station.
Person can insist on getting a copy of the FIR free of cost.
FIR copies are sent to senior police officers and jurisdictional magistrate.
A chargesheet is a document drafted by the police and submitted in a judicial court listing out the various laws violated by the accused and how the violation was detected. A chargesheet is put up before a court so that it can be used in a trial and the judges can decide whether the accused is guilty or not.
FIR begins a police investigation to a crime.
A chargesheet comes at the end of investigation.
Also Read- REGISTRATION OF FIR- GUIDE
FIR is first step to start investigation by police in a criminal offence.
Chargesheet is last step of investigation which is sent to the court by the police to start trial against the accused.
Section 173 Of Code Of Criminal Procedure : Report of Police Officer on completion of investigation .
Every investigation shall be completed without unnecessary delays.
As soon as it is completed the officer in charge of the police station shall forward it to a Magistrate empowered to take cognizance of the offence on a police report , a report in the form prescribed by the State Government stating –
- The names of the parties.
- The nature of the information.
- The names of the persons 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.
Where a superior officer of police has been appointed under Section 158 the report shall in any case in which the State Government by general or special order so directs be submitted through the officer and he may pending the orders of the Magistrate direct the officer in charge of the police station to make further investigation.
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When such report is in respect of a case to which Section 170 applies the police officer shall forward to the Magistrate along with the report.
- All documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation.
- The statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as it’s witnesses.
If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interest of justice and is expedient in the public interest he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.
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Where the police officer investigating the case finds it convenient he may furnish to the accused copies of the documents.
Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report has been forwarded to the Magistrate upon such investigation the officer in charge of the police station obtains further evidences oral or documentary he shall forward it to the Magistrate.
Procedure followed when Chargesheet is filed in a court.
- Taking cognizance of offence.
- If offence is triable by Session Court then Session Court will try it otherwise Magistrate will.
- Framing of charges according to prima facie evidence.
- Then there is recording of evidence and cross examination.
- Then recording of evidence of accused.
- If there is defence witnesses his recording will be done.
- Final argument.
- Judgement will be delivered.
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Cancellation of Chargesheet.
Under Section 482 of Code Of Criminal Procedure chargesheet can be quashed.
Section 482 : Saving of inherent powers of High Court.
Nothing in this code shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this code or to prevent abuse of the process of any court or otherwise to secure the ends of justice.
Chargesheet can be cancelled-
- When there is technical fallacy.
- By revision.
- By filling of counter case.
- It can be done after court presents the chargesheet and before framing of charges and trial is going on.
- If cancellation is rejected it wont harm the case.
- Prayer for speedy trial along with prayer for quashing of chargesheet can be made.
- When police has malafide intentions.
Also Read- CLOSING OF FIR VIA CLOSURE REPORT
For more info on the subject, please dial 99888-17966.
