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Chargesheet

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 02-May-2024

Source: Supreme Court

Why in News?

Recently, the bench of Justices Sanjiv Khanna and SVN Bhatti emphasized upon the importance of chargesheet under Section 173 of Code of Criminal Procedure, 1973 (CrPC) and the manner of preparing it.

  • The Supreme Court gave this judgment in the case of Sharif Ahmed and others v. State of Uttar Pradesh.

What was the Background of Sharif Ahmed and others v. State of Uttar Pradesh Case?

  • The SC while considering the value of chargesheet gave several guidelines and considered legal precedents while giving those guidelines.

What were the Court’s Observations?

  • The Supreme mainly observed that “The investigating officer must make clear and complete entries of all columns in the chargesheet 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”.

What is a Chargesheet?

About
    • A chargesheet, as defined under Section 173 CrPC, is the final report prepared by a police officer or investigative agency after completing their investigation of a case. It is submitted before the Court for initiating the criminal trial.

Contents
    • 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

Time Limit for Filing Chargesheet

 The prescribed time limit for filing charge sheet is as follows:

    • Offence triable by Magistrate: 60 days
    • Offences triable by Sessions Court: 90 days

Procedure after Filing the Chargesheet

After preparing the chargesheet, the officer-in-charge of the police station forwards it to a Magistrate, who is empowered to take notice of the offences mentioned in it so that the charges can be framed.

Supplementary Chargesheet

Under Section 173 (8) of CrPC where upon such investigation, the officer-in-charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report.

Position in Bharatiya Nyaya Suraksha Sanhita, 2023 (BNSS)

Section 193 of BNSS covers the law related to chargesheet.

    What are the Landmark Cases on Chargesheet?

    • H.N. Rishbud and Inder Singh v. State of Delhi (!954):
      • Supreme Court noted that that the process of investigation generally consists of:
        • proceeding to the concerned spot,
        • ascertainment of facts and circumstances,
        • discovery and arrest,
        • collection of evidence which includes examination of various persons, search of places and seizure of things, and
        • formation of an opinion on whether an offence is made out, and filing the chargesheet accordingly.
    • Abhinandan Jha and Others v. Dinesh Mishra (1968):
      • It was stated in this case that the submission of the final report/chargesheet depends on the nature of the opinion formed after the investigation.
    • Bhagwant Singh v. Commissioner of Police (1985):
      • The Court discussed the three options available to a Magistrate on receiving a police report under Section 173(2):
        • Accept report and take cognizance
        • Direct further investigation under Section 156(3)
        • Disagree with report and discharge accused
    • K. Veeraswami v. Union of India (1991):
      • The Court held that the chargesheet need not elaborate evaluating the evidence, as that is for the trial stage.
      • However, it should disclose/refer to facts as per requirements of Section 173(2) CrPC and state rules.
    • Zakia Ahsan Jafri v. State of Gujarat (2022):
      • The Court explained that for forming an opinion under Section 173(2)(i)(d) CrPC, the investigating officer must collect corroborative evidence to support any information received during investigation.
      • Mere suspicion is not enough, there must be grave suspicion based on sufficient materials to presume the accused committed the alleged offence.
    • Dablu Kujur v. State of Jharkhand (2024):
      • The Supreme Court gave the following guidelines regarding the details to be included in the police report/chargesheet under Section 173(2) CrPC:
        • Names of parties
        • Nature of information
        • Names of persons acquainted with circumstances
        • Whether any offence appears committed and by whom
        • Whether accused arrested
        • Whether accused released on bond, with or without sureties
        • Whether accused forwarded in custody under Section 170
        • Whether medical report attached in certain offences