Kevin Moses Paul
21 January 2021
Both Investigation and chargesheet play a very crucial role in the process of a Criminal Trial as chargesheet is referred to be the Outcome of an Investigation.
A charge sheet is a final report prepared by the investigation agencies in order to prove the accusation of a crime (or commencement of a crime) in a criminal court of law.
Therefore, this report is to be submitted by the police officer in order to prove that the accused is connected with any offence or has committed any offence punishable under any penal statute having effect in India.
The report contains all the factual/stringent records right from the commencement of investigation procedure of lodging an FIR to till the completion of investigation and preparation of final report. Filing of the Charge-Sheet indicates the end of investigation.
In cases where the offence is punishable with imprisonment of less than 10 years, the final report u/s 173 shall be filed by the investigation agency within 60 days and in cases where the offence recorded to have been committed is punishable with imprisonment for more than 10 years, life imprisonment or death penalty, the investigation agency, in such matters, have to file their report within 90 days from the date of the FIR being registered.
Therefore, in general the time limit to file a 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. Thus, if the 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.
Although, if the Court finds sufficient reasons to detain the accused till the period of 90 days, then the Court can do so.
