What is the process of chargesheet?Asked by: Hosea Anderson | Last update: February 19, 2022
Score: 4.5/5 (21 votes)
The charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by Court of Sessions. FIR is filed against a person A. But that person could not be traced and arrested for many months or even years for the offence of murder.
What is the process of charge sheet?
A charge sheet is a final report prepared by the investigation or law enforcement agencies for proving the accusation of a crime in a criminal court of law. ... It is on the basis of the charge sheet and other finding of records, the magistrate frames the charge against the accused, whether to plead guilty or not.
What is the procedure after charge sheet?
Once the charge sheet has been submitted to a court of law, the court decides as to who among the accused has sufficient prima facie evidence against them to be put on trial. After the court pronounces its order on framing of charges, prosecution proceedings against the accused begin in the judicial system.
Who files a chargesheet in a court?
The police file a charge sheet in the court if the investigation proves that the person is guilty.
Can chargesheet be challenged?
A charge sheet can be quashed by the High Court as per section 483 of the Code of Criminal Proceedings, 1973, under this section the court has an inherent power to make any court that may be necessary to prevent the abuse of the power and to secure the ends of the justice.
Process of FIR, Charge sheet, Trial, Decision, Appeal & Mercy petition | By Ishan [Hindi]
How do you quash a charge sheet?
An accused person can pray for quashing of the FIR or charge sheet (“CS”) filed against him/her before the Hon'ble State High Court under section 482 of the Cr. P.C which gives inherent powers to the Court.
Can bail be granted after charge sheet?
The Supreme Court Thursday issued guidelines for granting bail after the filing of charge sheet and said trial courts are not precluded from granting interim relief considering the accused's conduct during the probe.
Can bail be granted before charge sheet?
While specifying as to what procedure is to be adopted in filing an application for default bail, the Supreme Court in Rakesh Kumar Paul (Supra) held by the majority judgment that even an oral application for grant of default bail would suffice, and so long as such application is made before the charge sheet is filed ...
How do you challenge chargesheet?
Once the closure report is filed before the Magistrate, he may accept and the report the case as closed, direct a further investigation into the case, issue a notice to the first informant as he is the only person who can challenge the report or he may directly reject the closure and take cognizance of the case.
Who decides the guilt or innocence of the victim?
A) Judge: On the basis of the evidence submitted and in line with the law, the judge determines whether the accused individual is guilty or innocent. Depending on the legislation, he may sentence the accused to prison, impose a fine, or both. Hence, this is the correct option.
How do we know if a chargesheet has been filed in court?
When the chargesheet is filed in the court the police will intimate you regarding the same. If they do not you can ask the concerned IO whether he has filed the chargesheet in the concerned matter or not. ... You can also get a copy of chargesheet by filing for certified copy in the court.
Is there a time limit on a police investigation?
Because there is now a time limit on bail, police officers often prefer to release suspects under investigation instead. There are no deadlines in effect, so you can remain a suspect under caution indefinitely.
What contains accusations against the accused?
Like, summary trial, in the trial of summons cases also the substance of the accusation levelled against the accused i.e., particulars of the offence levelled against the accused shall be explained to the accused and the court has to ascertain whether the accused pleads guilty or claims to be tried or has any defence ...
Can a chargesheet be quashed?
Criminal proceedings against an accused person cannot be quashed merely because the charge-sheet was not filed by the police against some of his co-accused in the case, the Supreme Court has clarified. ... The case was based on a complaint filed by Suvarna Cooperative Bank in Karnataka.
How is charge different from chargesheet?
The FIR is the document which describes the main offence that took place, the charge sheet on the other hand is the formal police record showing the names of the people brought in the custody, the charges they are brought in for and the identity of the accusers.
Can a chargesheet be amended?
The court may order a charge-sheet or indictment to be amended in any manner the court thinks necessary. An order may be made before or during a trial or hearing, unless the required amendment would cause injustice to the accused (CPA 2009 s8, s165).
What is the difference between chargesheet and final report?
If the case is sent up for trial, the report made therein is known as “Charge-Sheet”. Whether the case is not sent up for trial, the report submitted by the police is called “Final Report”.
What happens if charge sheet is not filed in 90 days?
AFTER THE fir IS LODGED , the police has 90 days to file the chargesheet, if it fails to file the charge sheet , you are entitled to bail. so if the 90 days are past hen approach your lawyer and get yourself a bail.
What is the period of bail?
The period of 90/60 days is the total period of custody - police custody and/or judicial custody - that can be authorized by the magistrate. In the case of Union of India V Nirala Yadav13 our Hon'ble Apex court held that Magistrate should decide the application for statutory bail on the same day it is filed.
What if chargesheet is not filed in 60 days?
An indefeasible right accrues in favour of the accused for being released on bail if the police fails to complete the probe and no charge-sheet is filed within the period of 90 days or 60 days as the case may be, under Section 167 (2) of Code of Criminal Procedure, 1973.
Can Supreme Court grant bail?
Grant of bail Under Section 439 of the Code of Criminal Procedure is a matter involving the exercise of judicial discretion. Judicial discretion in granting or refusing bailas in the case of any other discretion which is vested in a court as a judicial institutionis not unstructured.
What happens in police remand?
The dictionary meaning of the word remand is to return or send back. ... In other words, it is the remand where we send back the accused into the custody of police or that of the magistrate for collecting evidence and completion of investigation. The purpose of remand is to facilitate completion of investigation.
What are the grounds of bail?
Factors to be considered while granting bail: It is well settled that the matters to be considered in an application for bail are (i) whether there is any prima facie or reasonable ground to believe that the accused had committed the offence; (ii) nature and gravity of the charge;(iii) severity of the punishment in the ...
On what grounds for can be quashed?
Under this section, a High Court has the power to quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with malicious intention to trouble the aggrieved person.
Can a case be quashed after chargesheet?
The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.