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Can A Charge Sheet Be Filed After 3 Years Of Any Activity?

  • Writer: Lead India
    Lead India
  • Jun 23, 2023
  • 3 min read

A charge sheet is the final report created by a police officer or investigating agency following the conclusion of their investigation into a case, as described by Section 173 of the Criminal Procedure Code. According to Section 173(2) of the CrPC, the charge sheet in K. Veeraswami v. Union of India & Others (1991) is the police officer's final report. The arrest is void, and the defendant is available for bail if a chargesheet is not filed against him or her within the necessary window of 60 to 90 days.

Upon submission of the charge sheet to a criminal court of law, the judge determines which of the accused has sufficient prima facie evidence against him to be tried. The magistrate bases the charge against the accused and his or her decision to enter a plea of guilty or not on the charge sheet and other evidence from the records. The charge sheet is a crucial tool that the magistrates examine and pre-investigate in order to determine the offender's guilt for the crime. The magistrate can rely on the accusations made against the accused based on the charge sheet, but if the accused disputes the allegations made against him by the police during the course of the investigation, the matter will immediately proceed to the "Trial" stage.


Details of names, types of information, and offenses should all be included in the charge sheet. The charge sheet provides answers to crucial issues such as whether the accused is in detention, under arrest, or has been released, as well as whether any actions have been taken against him.

What to do after you file the charge sheet:

When the charge sheet is ready, the official in charge of the police station sends it to the magistrate, who has the authority to note the offenses listed in it so that the charges can be prepared.

Why are chargesheets not considered public Documents?

A charge sheet cannot be made public, according to the Court, because it is not a "public document" as defined by Sections 74 and 76 of the Evidence Act, 1872.

· Public papers are those that are actions or records of sovereign authority, official bodies, tribunals, and public offices, whether legislative, judicial, or executive, in any region of India, the Commonwealth, or a foreign state. Additionally, it covers "kept in any State of private documents and public record.”

The papers included in this section must be produced by the public entity in control of them because they are only public records.

Copies of charge sheets and other required public documents are not regarded as public records under this provision.

· Section 76 specifies that every public official who has custody of such documents must deliver a copy upon request and legal fee payment, together with an attestation certificate that includes the date, seal, name, and position of the officer.

· All records other than those mentioned in Section 74 are considered private documents, according to Section 75 of the Evidence Act.

· Except in instances where offenses were of a sensitive nature, all police stations in the nation were ordered to publish copies of FIRs online within 24 hours of registration by the Supreme Court in the Youth Bar Association of India v. Union of India case (2016).

· This decision only applied to FIRs; charge sheets were not touched.

To let someone know they are the target of criminal charges, a charge-sheet is used. Following the filing of the charge-sheet, the person against whom it was made is referred to as an accused. When the charge sheet is presented to the magistrate, the criminal procedure begins.

If the case has been registered in Ahmadabad, then Criminal lawyers in Ahmadabad may be hired. Likewise, if the case has been filed in Meerut, then Criminal lawyers in Meerut may be consulted. Criminal lawyers in Guwahati can be hired if the case is registered in Guwahati.

Lead India delivers data, legal services, and free legal advice online to address the issue. Ask a legal question online and talk to a lawyer to receive the best advice in this situation.


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