Question: What Happens If Charge Sheet Is Not Filed?

Under what circumstances a charge can be altered?

216.Court may alter charge.- (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 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Can a case be withdrawn after Fir?

Once registered, an FIR cannot be withdrawn. Either during the course of trial your statements in his favour shall help your friends case of defense and he will be acquitted OR he can go for quashing of the FIR in the HC. Dear Client, FIR can only by quashed by the High Court.

What does a charge sheet contain?

The contents of a charge-sheet must contain information on: what the charges against the accused are and when the offence is alleged to have been committed; what Act and relevant section of the Act that is alleged to have been breached; the name and signature of the informant (police officer) issuing the charge; and.

How do you get bail for a 420 case?

A person charged under section 420 of the Indian Penal Code, 1860 can either apply for a pre-arrest bail i.e. anticipatory bail or post-arrest bail i.e. regular bail. A person can apply for an anticipatory bail under section 438 and a regular bail under section 439 of the Criminal Procedure Code, 1973.

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).

Can bail be granted before charge sheet?

Bail must be only on consideration of merits, except default bail which is under Section 167 (2) of the Criminal Procedure Code, 1973 wherein trial Judges grant bail upon failure to file charge-sheet by the police within the statutorily stipulated time period after taking an accused in custody.

What is the charge sheet by police?

When a Police officer gives a Police report under section 173 Cr. P.C. recommending prosecution, it is called a charge sheet. After questioning the accused and hearing the arguments, the magistrate frames charges on the accused for which he is tried.

Why is a charge sheet important?

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. … Charge sheet is an important mechanism which the magistrates scrutinizes and makes a pre-inquiry of it to understand the culpability of the offender in the crime.

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 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.

How do I know if my 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.

Can charge sheet be challenged?

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.

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…•

What is the time span for a charge sheet to be filed in court after the FIR is filed?

The time limit to file charge sheet is related to arrest of the accused in the case. 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.

What does it mean when your case is withdrawn?

The term “case withdrawn” means that court has decided, after evaluating the merits of a specific case, that there is no need to continue the trial and arrive at a conclusion of guilty or not guilty.

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.

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.

What is a charge sheet What does a court do after receiving a 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 him 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.