What is the difference between FIR and Charge sheet?

[Anonymous]

What is the difference between FIR and charge sheet in a criminal case? I have given copy of the charge sheet to my lawyer but he is repeatedly asking for copy of FIR. What is the difference.

[Dr. Ashok Dhamija]

FIR (full form: “First Information Report”) is the first information or the original complaint that is given to the police for setting the criminal law in motion in a case wherein a cognizable offence is committed. It is given to the police under Section 154 of the Criminal Procedure Code and is registered as FIR by police in the book / register meant for that purpose. On the basis of the FIR, the police will start investigation in the facts and circumstances of the case to ascertain truth in the complaint given to it. During investigation, the police will collect the evidence to support the case, including recording of statements of witnesses, collecting documents, searching the premises, seizing weapons / articles used in the offence, arresting the accused persons (if necessary), etc.

The relevant extract of Section 154 of Cr.P.C. which explains what is FIR is reproduced below:

“154. Information in cognizable cases.— (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, 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: …”.

On completion of the investigation by police, if it finds that there is prima facie evidence to prosecute the accused persons who have committed offence(s) mentioned in the FIR (i.e., the original complaint), then it will file a “charge sheet” in the competent court under Section 173 of the Cr.P.C. Thus, “charge sheet” is the result of the investigation which is submitted to the court on completion of the investigation in the FIR, along with all necessary evidence collected during the investigation, with a request to conduct trial against the accused persons.

The relevant extracts of Section 173 of Cr.P.C., which speak about the contents of the charge sheet are reproduced below:

“173. Report of police officer on completion of investigation.— (1) Every investigation under this Chapter shall be completed without unnecessary delay.

*** *** ***

(2)(i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating—

(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, 3[376-D or Section 376-E of the Indian Penal Code.

(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given.

*** *** ***

(5) When such report is in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.”

In this way, it can be said that “FIR” is the initiation of the process of investigation in a cognizable offence, whereas “charge sheet” is the culmination of the process of investigation in that offence.

     

---

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.

[Author]

Posts