Quick Answer: What Is A Charge Sheet Describe Its Importance?

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 charge sheet be challenged?

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.

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.

What do you know about charge sheet?

A charge sheet is an essential document from which a criminal proceeding starts in the court against the accused or the defendant. It includes the statement of the informant and the accused, the charges that are maintained upon him under the IPC or any other act and summary of the incident.

Is chargesheet a public document?

There is no specific provision under any law which states that charge-sheet is a public document, but there are several judgements of the Supreme Court and the High Courts, which clarify that charge-sheet is a public document. … There is a huge public interest in a criminal trial.

Who files a charge sheet in the court?

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.

Can charge be altered?

(1) Any Court may alter or add to any charge at any time before judgment is pronounced. (2) Every such alteration or addition shall be read and explained to the accused.

What happens if charge sheet is filed?

Once the chargesheet is filed, the accused will remain in custody and the police authorities will not have to seek extension of his remand. However, the accused can seek bail once the chargesheet is filed. Once the chargesheet is filed, the next procedure will be for the court to take congisance of the same.

What are the contents of a charge?

The law and section of the law against which the offence is said to have been committed shall be mentioned in the charge. The fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offence charged was fulfilled in the particular case.

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).

How do you write a charge sheet?

The first step in the regard is the serving of “Charge Sheet” to the official. The charges should be communicated in writing to the delinquent in the form of a charge sheet clearly stating the misconduct reported against him/her.