Introduction 

• A chargesheet, as defined under Section 193 of Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS). 
• It is the final report prepared by a police officer or investigative agency after completing their investigation of a case. 
• The evidentiary value of chargesheet is not substantive as it is made by the Police officer and charges framed are based on his opinion which are yet to be proved. 

What is a Chargesheet? 

About: 

• It is a document prepared by the investigating officer which contains the events which otherwise would not be available in the court. 
• Chargesheet contains the charges framed against the accused based on the investigation and collection of evidence by the Police officer. 
• 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. 
• 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.

Contents of Chargesheet:  

• 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 

How is a Chargesheet Different from a First Information Report (FIR)?

Section 193 of BNSS 

Report of police officer on completion of investigation: 

• Clause (1) states that every investigation under this Chapter shall be completed without unnecessary delay.  
• Clause (2) states that  the investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.  
• Clause (3) states that  
  • As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, 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 the accused has been released on his bond or bail bond;  
    • Whether the accused has been forwarded in custody under section 190; Whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023 
    • The sequence of custody in case of electronic device. 
  • The police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim. 
  • The officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.  
• Clause (4) states that where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.  
• Clause (5) states that whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit.  
• Clause (6) states that when such report is in respect of a case to which section 190 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 180 of all the persons whom the prosecution proposes to examine as its witnesses.  
• Clause (7) states that 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 interests of justice and is inexpedient 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.  
• Clause (8) states that subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230: Provided that supply of report and other documents by electronic communication shall be considered as duly served.  
• Clause (9) states that nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, 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 or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3). 
• Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court. 

Case Laws Related to Chargesheet 

• H.N. Rishbud and Inder Singh v. State of Delhi (!954): 
  • Supreme Court noted that the process of investigation generally consists of: 
    • Proceeding to the spot concerned. 
    • 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 of CrPC. 
    • Whether medical report attached in certain offences 

Conclusion

It is the most significant document which helps the court to decide the acquittal or conviction of an accused. Chargesheet is the end result of the investigation based on which the court decides whether further inquiry is needed or not. Chargesheet forms the basis to initiate the trail in the court. Though chargesheet is different from an FIR but it is based on it and produced by the Police officials before the magistrate.