Anonymous
Asked July 21, 2016

charge and charge-sheet

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What is the difference between charge and charge sheet?

Answer 1

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Saumya Kumar
The first step in a criminal procedure is filing the FIR. The accused or the witness give the information to the police about the commission of an offence. This information is the FIR or the First Information Report after which the police starts the investigation. Upon the investigation the Police identifies the different offence committed by the accused as per the definitions of the offences given in the Indian Penal Code and some other legislations. At this stage the police identifies the person who is to be charged with the offence. The Police then formulates the chargesheet and submits it to the Court. The charge sheet is called final report U/s 173 Cr.P.C. It is prepared by police after investigation and submitted to Court having jurisdiction. it can be altered by the court before framing the court charge. The court can add any person as accuse U/s 319 Cr.P.C. The chargesheet names the person against which the charge is submitted this may include additional persons that were charged in FIR or there may be some less. The case starts after chargesheet filing as the court issues summons to appear to accused after chargesheet is filed. The chargesheet lists down the charges or the offences for which the accused will be tried in the court. The Court examines the chargesheet and the information collected by the Police to decide whether there is substantial material to start the trial against the accused. If the Court is satisfied that the material is enough to start the trial, it will frame the charge and issue summons order to the accused. By framing the charge the Court formally recognizes the offences for which the accused will be charged. Framing the charge is the simple recognition of the offences for which the accused will be tried in the Court. The contents of the charge is given under Section 211 of the Code of Criminal Procedure. By framing the charge in detail as required under Section 211, the accused is informed about the offences for which he will be charged which helps him to prepare to defend himself. Both charge and chargesheet list down the offences for which the accusesd will be tried. A chargesheet is prepared by the Police and submitted to the Court. The Court based on the Chargesheet frames the charge against the accused based on which the trial is conducted. The chargesheet is employed to frame the charge but the judge is not bound by the chargesheet and can frame the charge and identify the accused based on his decision and perception of the facts.
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