Chargesheet Must Contain Clear & Complete Entries : SC

Supreme Court on Wednesday (May 1) observed that the charge sheet must contain clear and complete entries of all columns to enable the court to understand which crime has been committed by which accused and what is the material evidence available on the file.

What is a Charge Sheet?

1. A charge sheet is a final report filed by the investigating officer or police officials after completing an investigation in a cognizable or non-cognizable case.
2. It serves as a consolidated record of the investigation process, from lodging the First Information Report (FIR) to the preparation of the final report.

Essential Components of a Charge Sheet:

A charge sheet must include the following elements:

1. Names of the parties involved
2. Nature of the information gathered
3. Names of witnesses who have knowledge of the events
4. Details of the offense committed and the accused person
5. Information regarding the arrest of the accused, their release (with or without sureties), and their custody status under Section 170 of the Code of Criminal Procedure (CrPC)

Legal Significance of a Charge Sheet:

1. Initiates Prosecution Proceedings:
   Once submitted to a court of law, a charge sheet marks the start of prosecution proceedings against the accused.
2. Form Prescribed by State Government:
   The investigating officer's report should follow the format prescribed by the state government.
3. Time Limit for Filing:

1. Lower Courts: 60 days from the date of arrest
2. Court of Sessions: 90 days from the date of arrest
3. Default Bail: Failure to file a charge sheet within the prescribed time entitles the accused to default bail.

Filing a Charge Sheet: Mandatory vs. Non-Compulsory:

1. Cognizable Offenses: Filing a charge sheet is mandatory in cases where the accused is alleged to have committed a cognizable offense.
2. Non-Cognizable Offenses: A charge sheet is not mandatory in cases of non-cognizable offenses unless the court orders an investigation.

What are Cognizable and Non-Cognizable Offenses:

1. Cognizable Offenses: These are Serious crimes that a police officer in-charge of a police station can investigate without a magistrate's order and make arrests without a warrant.

1. Examples: Murder, rape, kidnapping, theft, dowry death, counterfeiting, rioting.

2. Non-Cognizable Offenses: These are less Serious crimes that the police cannot investigate without an order from a competent magistrate.

1. Examples: Assault, defamation, public nuisance, cheating, forgery (under certain conditions).

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