This article has been written by Adv. Aniket P. Kamtam, a 2nd Year MBA-LAW Student from SVKM’s NMIMS SBM College, Vile Parle West.
Black’s Law Dictionary Defines about Charges sheet as: A police record showing the name of each person brought into custody, the nature of the accusations, and the identity of the accusers (Complainant).
Concise Law Dictionary by P. Ramanatha Aiyar defines Charge sheet as: Charge sheet is the form of sheet on which the officer in-charge (Section-2(o) of C.R.P.C, 19733) of Police station Or lock-up enters the accusations or charges against persons brought there in custody, whether arrested with or without warrant.
Now before Getting to Know what is Charge sheet lets also know what Charge is?
Under C.R.P.C, 1973 Section-2(b) Charge includes any head of charge when the charge contains more heads then one.
Black’s Law Dictionary Defines charge as: A formal accusation of an offense as a preliminary step to prosecution a murder charge.
To accuse (a person) of an offense the police charged him with murder.
Concise Law Dictionary by P. Ramanatha Aiyar defines Charge as: The expression “charged with” as applied to a crime, is sometimes used in a limited sense, intending the accusation of a crime which preceded a formal trial. In a fuller and more accurate sense the expression includes the responsibility for the crime.
[1]A charge is not an accusation made or information given in abstract but an accusation made against a person in respect of an act committed or omitted in violation of a penal law forbidding or commanding it. In other words it is an accusation made against a person in respect of an offence alleged to have been committed by him.
Charge signifies an accusation, made in a legal manner of legal conduct, either of omission or commission by the person charged.
As per the above made statements a Charge can be only one in an FIR or Two but it will be termed as one single charge.
Explanation: If in an FIR you are accused by Complainant for Section-300 IPC and Section- 304B then it will be termed as one single charge. And if you are charged with only Section-300 then also it will be termed as one single charge.
In any criminal trial, ‘charge’ is an important aspect of the trial as it gives an opportunity to the accused to understand in his own language the ‘accusations’ which are sought to be made against him by the prosecution in order to bring him to book by the Court/Magistrate. The ‘charge’ is written in the language of the court which is read out to the accused in open Court and accused is asked whether he/she pleads guilty or pleads not guilty to the charge. In case, an accused pleads guilty to the charge, the Court records the plea of the accused and convicts him thereon and in case the accused chooses to plead not guilty and claims to be tried, the court fixes a date for the examination of witnesses and on the date so fixed, the court shall proceed to take all such evidence as may be produced in support of the prosecution and trial proceeds in the court till judgment of acquittal or conviction is pronounced by the trial court.
Charge sheet is the detailed report filled before Magistrate or Judge after taking on the statements of Plead Guilty, which is done as soon as the Accused is presented before the judge or Magistrate.
The Details of charge sheet shall be read with and as per the Section- 211 of CrPC.
In India there is no mention of charge sheet in any law but the word integrated investigation forms is used to term. In India there is Draft proforma of the Charge sheet and FIR to be followed by every State of India. State can add some other Headings in the Proforma but can’t delete any headings of the proforma. This Proforma is released by the NATIONAL CRIME RECORDS BUREAU OF INDIA one can find this Proforma on the website of the NATIONAL CRIME RECORDS BUREAU in the Downloads section at the footnotes of website interface. The specific charge Sheet (integrated investigation forms) is in English but it has to be also in the state language. https://ncrb.gov.in/sites/default/files/IIF.pdf
Below is the Image of First page of Charge sheet as per Section- 173 (Draft Proforma).
Form of report not material.-Where the police submit their report after investigation under Chapter XII in the form of a complaint, the complaint should be treated as equivalent to a police report under Section- 173 of CrPC. The question of form is not material when the complaint contains all the information required by Section- 173. The omission to use the prescribed form is only an irregularity that does not affect the question of jurisdiction. [6]
As per CrPC the charge sheet (integrated investigation forms) that is the report Filed by police officer after the statements of Plead guilty is concluded and the accused is on bail or under custody or in Jail. The Report (Charge sheet) filed by the police officer is as per the section- 173 of CrPC. This Section mentions some necessary element to be constitute a part of Report.
Contents of Police Report. – As per Section- 173 of CrPC the charge-sheet is hardly a complete or accurate thesis of the prosecution case. Sub-section (2) (i) requires the police officer to forward to the Magistrate the report in the prescribed form setting forth the names of the parties, the nature of the information, and the names of the persons who appear to be acquainted with the circumstances of the case. Nothing further need be said on this point. [2] According to sub-s. (2) (i) of Section- 173 of CrPC, the police report made under the provision must state in the report the names of the parties, the nature of the information, the names of the persons who appear to be acquainted with the circumstances of the case, whether any offence appears to have been committed and, if so, by whom, whether the accused has been arrested, whether he has been released on his bond and, if so, whether with or without sureties and whether he has been forwarded in custody under Section- 170 [3] of CrPC. It must contain names of all the accused and the fact that their arrest was, or could not be, effected. [4]
The charge-sheet must mention the names of all known accused and their addresses and if they are absconding, it should mention the fact that despite best effort their arrest could not be effected. [5]
Conclusion: In general term we can define Charge sheet as a Document reported by the police officer to the magistrate about the Offence along with whole gist of act of offence, presented with Evidence as proof of occurrence of alleged act by the Accused.
- Birich Bhivan V. State of Bihar, AIR 1963 SC 1120, 1123
- R. K. Dalmia vs Delhi Administration, AIR 1962 SC 1821
- Matchumari China Venkatareddy … vs State Of Andhra Pradesh, 1994 Cri LJ 257 (Andra Pradesh)
- Ramesh Jogi (Yogi) vs State Of U.P., 1994 Cri LJ 257 (Uttar Pradesh)
- Ramesh Jogi (Yogi) vs State Of U.P., 1994 Cri LJ 257 (Uttar Pradesh)
- Chittaranjan Das vs State Of West Bengal And Ors., AIR 1963 Cal 191.