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May 27, 20233 min read

If Charge sheet Could Be Filed After 3 Years Of Any Activity ?

Charge sheet is the formal police record showing the names of the persons who have been brought into the custody of the police, the kind of the accusations and the identity of the accusers. It contains four-part charging instrument:

  • Information related to the accused and the witnesses;

  • the charges filed as well as the specifications;

  • the preferring of charges as well as their referral to summary;

  • trial record.

A charge sheet is different from the First Information Report (FIR), it is the core document describing the crime which has been committed. It usually refers to one or more FIRs, charging an individual or organisation for the crimes which have been mentioned in those FIR(s). Once a charge sheet has been submitted in the court of law, the prosecution proceedings against the accused named in the charge sheet begins in the judicial system. For further information on the subject, you may contact an experienced Criminal Lawyers In Meerut or your city.


Section 173- Report of the police officer after completion of the investigation

Every investigation under this Chapter shall be completed without unnecessary delay.

(i) As soon as investigation is completed, the officer in charge of the police station will forward it to the Magistrate who is empowered to take cognizance of such offence on the police report, the report shall be in the form as prescribed by the respective State Government, including-

  • the names of the parties involved;

  • the nature of the information provided;

  • the names of the persons who appear to be related to the circumstances of the case;

  • If an offence appears to have been committed, and if it has been committed then by whom;

  • If the accused of the crime has been arrested;

  • If the accused is released on a bond and, if releases, weather with or without sureties;

  • If the accused is in custody under section 170.

(ii) The officer has to communicate to the person who informed the police about the the commission of such offence, actions which have been taken by him, as per the procedure which has been prescribed by the State Government.


Is There Any Time Bar For Filing Charge-Sheets?

The time limit provided to file the charge sheet is counted from the arrest of the accused in the particular case. The charge sheet shall be filed within 60 days from the date of arrest of the accused when the cases are triable by the lower courts and a period of 90 days for cases triable by the Court of Sessions.


Consequences If Charge Sheet Is Not Filed Within Specified Time Frame

As per Section 167 of CrPC, an accused shall be entitled to bail by default, in case the investigating authority fails to file a charge sheet within a period of 60 days from the date of remand. For a specific category of offences, the stipulated period could also be extended till 90 days.

In the 2017 case of Rakesh Kumar Paul, Justice Deepak Gupta of the Supreme Court ruled that the following situations would fall under the purview of Section 167(2((a)(i) of the CrPC:

  • Offences which are punishable with death or any lower sentence;

  • Offences which are punishable with life imprisonment or any lower sentence and

  • Offences which are punishable with a minimum sentence of 10 years

The accused in such cases will be entitled to grant of default bail after 60 days, if charge-sheet has not been filed.


In Aslam Babalal Desai (1992) case,

No case for grant of bail shall be made under section 167(2) of the Code, when the charge sheet is filed before the term of 90 days or 60 days has expired, from the date of first remand. The right of default bail shall be lost, once a charge sheet has been filed. Default bail is, thus, kind of a rap on the knuckles of the police when they do not complete the investigation and file the final report within 90 or 60 days of first remand of the accused.


Conclusion

From above discussion it could be understood that if the chargesheet is not filed within the specific time provided by legislation, i.e. 60 days or 90 days as the case may be, the accused could apply for default bail, as he could not be kept in remand any further.


For further information on the subject, you can seek legal guidance from Criminal Lawyers In Ahmedabad or Criminal Lawyers In Guwahati or in your city.


Lead India offers you a team of experienced advocates who have been successfully handling cases related to criminal laws. Hence, if you wish to talk to a lawyer or seek free legal advice online, you may contact us.


Call Us: +91–8800788535

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