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Review 2 Law Essay
Review 2 Law Essay
Review 2 Law Essay
Introduction
hargesheets play an extremely important role in the sphere of criminallaw.Theylaythe
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basis for criminal prosecution by specifying the charges and allegations against an
individual.Itrepresentstheendofanextensiveinvestigation,witnessinterviews,andcareful
evidence collection. The chargesheet is a report produced by the police after the
investigationiscomplete.TheCodeofCriminalProcedure(1973),definesthispolicereport
inSection2(r)asthatreportthatisforwardedbythepolicetotheMagistrateunderSection
173(2). A chargesheet provides a comprehensive overview of the case in question and
encourages transparency and accountability in the justice system.Itessentiallyguidesthe
legal process and determines the result of a case.
Through this article, we will take a look at chargesheets in India by focusing on their
s ignificance, components, and the various laws governing them.
What is a chargesheet
nderSection173oftheCodeofCriminalProcedure(CrPCforshort),afinalreportcanbe
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of two kinds, (i) a closure report and (ii) a chargesheet. A chargesheet, also known as a
completionreport,isaformalpolicereportgeneratedoncetheinvestigationofacaseends.
This report includes thorough and extensive records of every step of the inquiry, fromthe
time it begins by lodging a First Information Report (FIR) until it is complete. It is a final
reportthatissubmittedtoprovethatacrimehasbeencommittedsothattheperpetratorcan
beheldaccountablebythejusticesystem.Thereportprovesthattheaccusedcommittedor
is connected to the crime oroffenseinquestion.Afterthechargesheetissubmittedbythe
police officer to the court, the criminal proceedings begin.
orcasestriedbylowercourts(orwherethepunishmentfortheoffenseisimprisonmentof
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lessthan10years),thechargesheetmustbefiledwithinsixtydaysfromthedatewhenthe
accused was arrested and within ninety days for cases tried by the Court ofSessions(or
wherethepunishmentforanoffenseisimprisonmentmorethan10years,lifeimprisonment,
ordeathpenalty).Incaseoffailuretofilethechargesheetwithinthespecifiedtimelimit,the
arrest isconsideredtobeillegalandtheaccusedpossessestherighttodefaultbail.Inthe
case of K. Veeraswami v. Union of India and Others (1991), the Supreme Courtheldthat
underSection 173(2)of the CrPC, the chargesheetis the final report of the police.
Components of a chargesheet
ection 173(2)(i) of the CrPC states that the chargesheet must be submitted to the
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magistrate immediately after the investigation is complete. It is also known as a four-part
charging document. It states that it must be in theformspecifiedbythestategovernment
and include certain specifics mentioned below.
c) Names of all those individuals familiar with the circumstances of the case;
d) If there is any indication of an offense being committed and, if so, by whom;
f) In case the said accused has been released on bond and, if so, with or without
sureties;
g) If the accused has been forwarded in custody, as perSection 170of the CrPC.
● a ccept the final report (chargesheet), thereby taking cognizance of the matter and
initiating the trial process; or
● issue an order for further investigation under Section 156(3) of the CrPC.
an evidence be added to the investigation after the
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chargesheet is filed?
es,theMadrasHighCourtinthecaseofJ.Jayalalithav.State(2002),ruledthatevidence
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couldbeaddedtotheinvestigationafterthechargesheetisfiledbeforetheMagistrate.The
court was of the opinion that if new evidence was discovered that called for further
investigation,disallowingthesamewouldbeamiscarriageofjustice.Therefore,itwasheld
that the police station, upon receiving further proof, would submit reports on the new
evidence obtained before the Magistrate. However, it is important to note thatonlyfurther
investigation is allowed and not re-investigation.