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Criminology Police Science and Law Enforcement Charge Sheets, Final Criminology Police Science and Law Enforcement Charge Sheets, Final Report, Case Diary Role Name Affiliation Principal Investigator Prof. (Dr.) G.S. Bajpai Registrar, National Law University Delhi Paper Coordinator Dr. M. N. Bhatt Assistant Professor, Sardar Patel University of Police, Security and Criminal Justice, Jodhpur Content Writer/Author Dr. M. N. Bhatt Assistant Professor, Sardar Patel University of Police, Security and Criminal Justice, Jodhpur Content Reviewer Prof. (Dr.) S.S. Jaswal Mody University of Science and Technology, Lakshmangarh, Sikar, Rajasthan DESCRIPTION OF MODULE Items Description of Module Subject Name Criminology Paper Name Police Science and Law Enforcement Module Name/Title Charge Sheets, Final Report, Case Diary Module Id Crim/PSLE/XIX Objectives Learning Outcome: To make learners understand about charge sheet To make learners understand about legal provisions related to Charge sheet To make learners understand about Features of Charge Sheet and its Preparations To make learners understand about Final Report and Case Dairy Prerequisites General understanding of the provisions of Code of Criminal Procedure Key words Charge sheet, Final report, Case Diary Charge Sheets, Final Report, Case Diary A. Charge Sheets After the completion of an investigation, if there is sufficient evidence to warrant the filing of charge sheet against the accused than the Officer-in-charge of a Police Station will submit the charge sheet to the Magistrate empowered to take cognizance of the offence. The officer-in- charge of the Police Station shall also communicate the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given. After the investigation is completed and a prima facie case is made out, there should be no delay in the submission of the charge sheet. 1. Laws related to Charge sheet There are three kinds of reports to be made by police officers at three different stages of investigation of crime: (1) Sec. 157 of the Cr. P.C. requires a preliminary report from the officer-in-charge of a police station to the Magistrate; (2) Sec. 168 of the Cr. P.C. requires reports from a subordinate police officer to the officer- in-charge of the station; and (3) Sec. 173 of the Cr. P.C. requires a final report of the police officer as soon as investigation is completed to the Magistrate. Sec. 173(1) lays down that every investigation is required to be completed without unnecessary delay. As soon as it is completed, a report is to be submitted to the Magistrate empowered to take cognizance of the offence on a police report, in the form prescribed by the State Government [sub- sec.(2)]. The police report submitted under this section is called "Completion/ Final Report". If the report alleges the commission of a crime by an accused person, the report is commonly called the "charge-sheet" or the "challan". The police charge sheet corresponds to the complaint of a private individual on which criminal proceedings are initiated. Submission of charge-sheet means that the preliminary investigation and preparation of the case is over and the Magistrate can take cognizance of the offence. 2. Judicial Verdicts: Judiciary has played pivotal role in interpretation of laws related to charge sheet. Some of them are as follows: (i) Until the Magistrate receives police report under Sec. 173, there can be no intervention by him in his judicial capacity or as a court and until then no occasion can arise for the Magistrate to make judicial order in connection with the police investigation [M.L. Sethi v. R. P Kapur, AIR 1967 SC 528] (ii) Submission of the report is absolutely necessary. Inordinate delay in submitting final report may lead to the grievance that the investigation is carried on unfairly or with some ulterior motive. The police report contains the facts and the conclusions drawn by the police therefrom. Charge-sheet is not a complete or accurate basis of the prosecution case [R.K. Dahnia v. Delhi Achnn35]. The "Police report" (result of investigation under Chapter XII of the Code) is a, conclusion that an investigating officer draws on the basis of materials collect during investigation and such conclusion can only form the basis of a competent, court to take cognizance thereupon under Sec. 190(1)(b) and to proceed with the case for trial, and it cannot rely on the investigation or the result thereof. The Magistrate is expected to apply his judicial mind to the report and he is not bound by the conclusions drawn by the police. 3. Features of Charge Sheet and its Preparations The charge sheet is very important document therefore utmost care requires while framing it. Some of the essential features and requirements are as follows: (i) The charge should be brief and clear. (ii) The date, time and place of offence should invariably be mentioned in the charge. (iii) In simple cases, the charge sheets shall be prepared by Sub-Inspectors in consultation with the Inspector, where necessary. (iv) In cases involving complicated points of law, the charge sheets should be prepared in consultation with the Assistant Public Prosecutor, and also the Public Prosecutor, where necessary. (v) In important and complicated cases, it is advisable to consult the assistant Public Prosecutor or Public Prosecutor, if necessary, even at the stage of investigation, in order to enable the Investigating Officer to conduct the investigation on proper lines and to collect the type of evidence required by law to bring home the guilt of the accused. (vi) In every case in which an accused person previously convicted of an offence punishable under Chapter XII or Chapter XVII of the Indian Penal Code with imprisonment of either description for a term of three years or upwards, is prosecuted for an offence punishable under either of the two chapters, with like imprisonment, Section 75 of the Indian Penal Code should be added in the charge-sheet. (vii) While all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation and the statements recorded under section 161 Cr.P.C. of all the persons whom the prosecution proposes to examine as its witness should be forwarded to the Magistrate along with the report under Section 173 of the Code of Criminal Procedure. The investigating officer should furnish to the accused copies of the documents. (viii) If the Police officer is of the opinion that any part of statements recorded under Sub- Section (3) of Section 161 of the Code of Criminal Procedure is not relevant to the subject matter of the inquiry or trial or that its disclosure to the accused is not essential in the interest of justice and is inexpedient in the public interest, he shall exclude such part from the copy of the statement furnished to the accused, and in such a case, he shall make a report to the Magistrate stating his reason for excluding such part. (ix) A charge sheet setting forth therein the names of the parties with their full addresses and of the persons, who appear to be acquainted with the circumstances of the case, stating whether the accused (if arrested) has been forwarded in custody or has been released on bond, and, if so, whether with or without sureties. (x) The names of such of the accused as are absconding should be entered in red ink in the appropriate column of the charge sheet. Care should be taken to see that all the columns in the charge sheet are filled in properly. No column should be left blank. (xi) When a juvenile accused is arrested or prosecuted, information about the age of such accused should invariably be furnished to the court by the Police officer taking action in the case to enable the court to determine the age of the accused. (xii) Where an accused person against whom a charge sheet is being filed is absconding, the officer-in-charge of the Police Station shall append a note on the charge sheet itself requesting the Magistrate to issue a non-bailable warrant for the apprehension of the accused. If the warrant cannot be executed within a reasonable time, the Station House Officer or the Investigating Officer shall move the court for instituting proceedings under Sections 82 and 83 of the Code of Criminal Procedure. If it is proved that there is no immediate prospect of arresting the accused even after action has been taken under section 82 and 83 of the Code of Criminal Procedure, the court may, in the absence of the accused, examine the witnesses produced on behalf of the prosecution and record their depositions under Section 299 of the Code of Criminal Procedure. If, at any future time, the accused person is apprehended or appears before the court, the case against him shall be revived and dealt with according to law. (xiii) Where there are several accused persons in a case and only some of them have appeared or have been produced before the court and the presence of the other accused cannot be secured within a reasonable time, steps should be taken to move the Magistrate to proceed with the case against such of the accused as have appeared and dispose it of according to law reserving the right of the State to proceed against the other accused, when their presence is secured. 4. Duty of Station House Officer and Investigating Officer (i) The charge sheet shall be prepared, forwarded and presented to the court only by the SHO/I.O. The IO should prepare report giving the details of the case, discuss the nature of evidence and the liability or otherwise of each accused, the probable defence and its plausibility or otherwise and finally the action proposed by him.
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