Is Chargesheet A Public Document?

What is charge sheet filing?

As per section 174 of the Code of Criminal Procedure, 1973, a report which is made by the police officers after completion of the final investigation is known as the chargesheet.

This report has to be submitted in the court of law for starting a criminal procedure against the accused..

What happens after charge sheet?

Once the chargesheet is filed, the next procedure will be for the court to take congisance of the same. … A court could also be set up on the jail premises. Once the court is seized of the matter, then the judge will issue summons to all the accused. In case any of the accused are on bail, then a summons is issued.

Can bail be granted after charge sheet?

Answer: Yes. The bail application can definitely be filed by the accused after submission of charge sheet by the police on completion of their investigation. … In fact, on the other hand, after the filing of charge sheet, the chances of getting bail generally increase.

Can chargesheet be changed?

The court may order a charge-sheet or indictment to be amended in any manner the court thinks fit if it appears to be defective. 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 happens after chargesheet is filed in 498a?

Final report means that the police has come to the conclusion that no crime is made out. Framing of Charges/ Discharge: After the chargesheet has been scrutinized by the accused/ their lawyers, the court proceeds to frame the charges, i.e. telling the accused on what crimes they have charged you.

When can a FIR be quashed?

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.

How can I get a copy of my chargesheet?

Therefore, you would be able to get the copy of the charge sheet after it is filed by police in the court. However, the charge sheet is not available online (but, the FIR may be available online nowadays due to a Supreme Court order). Charge sheet is supplied in person.

Who files the charge sheet?

On the basis of the investigation, the police are required to form an opinion. If the police think that the evidence points to the guilty of the accused person, then they file a chargesheet in the court. It is not the job of a police to decide whether a person is guilty or innocent, that is for the judge to decide.

How do you check if chargesheet is filed?

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.

What happens when chargesheet is not submitted?

Accused person need not complete 90 days of his detention in Judicial Custody for getting the chargesheet submitted. … (3) If chargesheet is not submitted within 90 days, the accused will have right to be released on bail, even if he was previously released for any reason.

Can FIR be closed by police?

Answer: On completion of the investigation in an FIR, police is required to submit a report to the Magistrate under Section 173 of the Criminal Procedure Code (Cr. P.C.). … Therefore, if the police has closed the investigation in your FIR, they would be filing a closure report before the Magistrate.

What if chargesheet is not filed within 90 days?

Without submission of charge sheet within 60 days or 90 days as may be applicable, an accused cannot be detained by the Police. The provision gives due recognition to the personal liberty.” “The order of this Court dated 23.03.

How do you prepare a charge sheet?

The Procedure follows as(1) Complaint lodged against the Government Officials. … (2) Carrying out Preliminary Inquiry. … (3) Show Cause Notice to Official. … (4) Response against Show Cause Notice. … (5) Serving of Charge Sheet. … (6) Response to the Charge-sheet. … (7) Scrutiny of Response of Official.More items…•

Can a chargesheet be quashed?

Aditi Singh. The Supreme Court has held that High Court’s power under Section 482 of Code of Criminal Procedure, 1973 can be exercised to quash an FIR even after the filing of a charge sheet.

What is the purpose of charge sheet?

The purpose of a charge-sheet is to notify a person of criminal charges being issued against them. That person then becomes known as the ‘accused’ or the ‘defendant’. The charge-sheet also acts as the official commencement of criminal proceedings.

What is the difference between FIR and charge sheet?

FIR is a written document prepared by the police when they receive information about the commission of a cognizable offence but a charge sheet is a formal document of accusation prepared by a law enforcement agency.