What Is Difference Between Chargesheet And FIR?

After the commission of crime, the first step was the registration of the FIR. FIR is to be registered by a police officer if the offense committed is cognizable one. Registration of FIR is the basic right of an individual which cannot be denied to anyone. On the other hand, the Chargesheet is filed by the police after the investigation is completed. The Charge sheet contains all the procedures taken from the time the crime has been reported. Charge sheet should be filed before a magistrate who is taking cognizance of an offense. After the filing of the Chargesheet, the judicial proceeding started.

Law:

Section 154: Information regarding cognizable offense if given orally to the officer in charge of police station should be reduced to writing after which it should be read over to informant and should be signed by him and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. A copy of recorded information should be given free of cost to the informant.

If the officer in charge of a police station refuses to register an FIR, the informant may send details to the Superintendent of Police after which SP can either investigate the case himself or direct a subordinate police officer to investigate the case.

Section 173: Investigation in every case shall be completed as soon as possible and the report shall be forwarded to a Magistrate empowered to take cognizance of the offense on a police report. The report shall have the following particulars namely: 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.  

The names of the parties; the nature of the information; the names of the people who appear to be familiar with the circumstances of the case. The officer must also inform the person, if any, who initially provided the information about the crime's commission, of the action he took, in the way that the State Government may specify.

Difference:

  • An FIR is lodged when cognizable cases have happened, but a charge sheet is prepared after FIR and charges the accused of those crimes.
  • FIR is the beginning of the investigation, but after the end of investigation a charge sheet shall be filed by police in magistrate court.
  • Every FIR must be registered promptly and without wasting of time, but in cases where an accused has been arrested, 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 the Court of Sessions.
  • FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense, but a charge sheet is a formal document of accusation prepared by an officer in charge of a police station.
  • FIR can be filed by Victim of the offense, family member or the Friend of the victim, Any person who witnessed the offense, or The person who has committed the offense, or A police officer, or Any other person who has come to know about such an offense whereas Chargesheet can only be filed by police officer who is investigating the case. 

Case Laws:

In Lalita Kumari vs. The state of U.P., 2013, Supreme Court held that it is the duty of police officers to register the FIR in cognizable cases. On the ground of false allegation, police officers cannot deny the registration of the FIR. Action must be taken if registration of FIR has been denied by any police officer.

In Rakesh Kumar Paul (2017) case, the Supreme Court held that petitioners could face imprisonment up to 10 years in such cases the date for applying for default bail would commence after 90 days as in such cases Charge sheet should be filed within 90 days.

After the registration of the FIR, the investigation started. In such cases the advice of lawyers and representation by lawyers in court is necessary. For this, a person has to appoint a lawyer. The lawyer should be appointed in the state where the case has been filed. For example, if the cause of action has arisen in Ghaziabad then the case has been filed in Ghaziabad court, then in such cases a Criminal Lawyer In Ghaziabad should be appointed. Likewise, if the cause of action has arisen in Gurgaon then a Criminal Lawyer In Gurgaon should be appointed and if the cause of action has arisen in Noida then the Criminal Lawyer In Noida should be appointed.

SOURCE

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