On completion of investigation in a cognizable offence, after registration of FIR, the police is required to file a report under Section 173 of the Criminal Procedure Code before the Magistrate, which may is also called final report or police report. This report contains the result of the investigation. In particular, this report is required to be contain the following details: (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether he has been forwarded in custody under Section 170; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under Sections 376, 376-A, 376-B, 376-C, 376-D or Section 376-E of the Indian Penal Code.
It is clear from the (d) above that the said report also contains the information “whether any offence appears to have been committed and, if so, by whom”. This implies that the said final report is required to be submitted to the Magistrate irrespective of whether the investigation discloses commission of the offence or it discloses that no offence has been committed. In fact, generally, following four situations may arise after completion the investigation by police:
(1) It is found that offence has been committed and there is sufficient evidence to prosecute the accused person(s) who has/have committed the offence.
(2) It is found that offence has been committed, but sufficient evidence is not available to prosecute the accused persons.
(3) It is found that the FIR was falsely lodged by the complainant.
(4) It is found that no offence was committed as alleged in the FIR.
In all these situations, a final report is filed by police before the Magistrate.
And, in particular, if the investigation has resulted in the first situation, as mentioned in (1) above, i.e., that the offence has been committed and there is sufficient evidence to prosecute the accused person(s) who has/have committed the offence, then the final report submitted is also called “charge sheet”. In the remaining three situations, the final report may also be called closure report.
Thus, charge sheet is a specific type of final report which is submitted on completion of the investigation when it is found that the offence has been committed and there is sufficient evidence to prosecute the accused person(s) who has/have committed the offence. The words “charge sheet” are not mentioned in the Cr.P.C.; the law uses the words “report” or “police report”.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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