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Understanding Criminal Procedure: Chargesheets versus First Information Reports (FIRs)
The Supreme Court’s Recent Ruling on Chargesheets
The spotlight is again on the criminal procedure in India, as the Supreme Court has ruled that chargesheets are not ‘public documents’. This means they cannot be freely accessed by the public. The court stated that this is in line with the provisions of the Criminal Code of Procedure (CrPC), as unrestricted access can violate the rights of the accused and victim, as well as compromise the investigation agencies.
Defining a Chargesheet
The chargesheet is a crucial part of the criminal procedure. It is a final report prepared by a police officer or investigative agency, upon completing an investigation into a case. As per Section 173 of CrPC, the chargesheet must be filed against the accused within a prescribed period of 60-90 days. Failure to do so results in the arrest being declared illegal and the accused being entitled to bail.
The chargesheet contains important details such as names, the nature of the information, and offences committed. It also discloses the status of the accused, whether under arrest, in custody, or released, and any action taken against them.
After its preparation, the chargesheet is forwarded to a magistrate, who is empowered to take notice of the offences mentioned, paving the way for charges to be framed.
Distinguishing a Chargesheet From an FIR
While both form a key part of criminal proceedings, chargesheets and FIRs differ significantly. While the term ‘chargesheet’ is defined under Section 173 of the CrPC, an FIR finds its place in police regulations/rules under Section 154 of CrPC, which deals with ‘Information in Cognizable Cases’.
Unlike a chargesheet which is the final report, an FIR is filed at the outset when the police are informed of a cognizable offence. While an FIR does not determine a person’s guilt, a chargesheet, backed with evidence, is used during the trial to prove the charges.
After an FIR is filed, an investigation ensues. If the police gather sufficient evidence, they forward the case to the Magistrate. If not, the accused is released from custody. A chargesheet, meanwhile, is filed only after there is sufficient evidence against the accused.
Breaking Down an FIR
An FIR or First Information Report is crucial as it sets the course for the ensuing investigation. It is typically lodged by the victim of a cognizable offence or by someone on their behalf. The name stems from being the first piece of information that reaches the police regarding an offence. It can be reported either orally or in writing.
Why Chargesheets Aren’t Public Documents
The recent ruling by the court declared chargesheets as not being ‘public documents’. The court referred to Sections 74 and 76 of the Evidence Act, 1872. According to Section 74, public documents are acts or records of sovereign authority, official bodies, tribunals, and public offices. A chargesheet does not fit this category.
As per Section 76, a public officer with custody of such documents must provide a copy upon demand and payment of legal fees. However, this does not apply to chargesheets. Thus, they are classified as private documents as per Section 75 of the Evidence Act.
In a 2016 ruling, the Supreme Court mandated all police stations to publish copies of FIRs online within 24 hours of registration, except for sensitive cases. However, this ruling did not extend to chargesheets.
This understanding of chargesheets and FIRs will help in better comprehending the nuances involved in criminal procedures and investigations.
