Scroll down to skip the introduction part to go to the sample charge sheet in a criminal case.
Introduction
The charge sheet is an important component of any criminal trial. It contains the details of the offenses that a person is accused to have committed.
Though the actual chare-sheet is framed by the concerned magistrate during the commencement of the trial, the report filed by the police under S.173 of the Code of Criminal Procedure 1973 (henceforth CrPC) after completion of the investigation is also referred to as charge sheet in common parlance.
The one filed by the police comes under the crime detection step of a criminal justice process. The other steps include the criminal prosecution step, sentencing step, appeal step, and punishment step.
S.173(2) of CrPC provides that as soon as the investigation is over, the officer in charge of the police station shall forward to a Magistrate (empowered to take cognizance of the offense on a police report), a report in the form prescribed by the State Government, stating-
- the names of the parties;
- the nature of the information;
- the names of the persons who appear to be acquainted with the circumstances of the case;
- whether any offense 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;
- whether he has been forwarded in custody under section 170.
- whether the report of medical examination of the woman has been attached where investigation relates to an offense under section 376, 376A, 376B, 376C 2[376D or section 376E of the Indian Penal Code (45 of 1860).
The officer concerned has to also communicate the action taken by him, to the person, if any, by whom the information relating to the commission of the offense was first given.
Contents of the Charge Sheet
Based on the charge sheet filed by the police, the concerned judge frames the charges for the commencement of trial in a court. As per s.190 of CrPC, this charge sheet or police report is one of the three ways the magistrate concerned can take cognizance of a given offense. S.211 of CrPC provides that every charge under this Code shall state-
- the offense with which the accused is charged.
- the definition of the offense to give the accused notice of the matter with which he is charged if the law which creates the offense does not give it any specific name.
- the law and section of the law against which the offense is said to have been committed
- the fact that the charge is made is equivalent to a statement that every legal condition required by law to constitute the offense charged was fulfilled in the particular case.
The provision provides further that the charge shall be written in the language of the Court.
And if the accused, having been previously convicted of any offense, is liable, by reason of such previous conviction, to enhanced punishment, or to the punishment of a different kind, for a subsequent offense, and it is intended to prove such previous conviction for the purpose of affecting the punishment which the Court may think fit to award for the subsequent offense, the fact, date, and place of the previous conviction shall be stated in the charge; and if such statement has been omitted, the Court may add it at any time before sentence is passed.
Errors in Charge-sheet
S.215 of CrPC states that no error in stating either the offense or the particulars required to be stated in the charge, and no omission to state the offense or those particulars, shall be regarded at any stage of the case as material unless the accused was in fact misled by such error or omission, and it has occasioned a failure of justice.
Can charges be modified later?
Yes, courts may alter the charges at any stage of the trial before the pronouncement of the judgment. Under S.216 of CrPC, every such alteration or addition has to be read and explained to the accused.
However, if the alteration or addition is such that proceeding immediately with the trial is likely, in the opinion of the Court, to prejudice the accused or the prosecutor as aforesaid, the Court may either direct a new trial or adjourn the trial for such period as may be necessary.
Also, whenever a charge is altered or added to by the Court after the commencement of the trial, the prosecutor and the accused shall be allowed to recall or re-summon, and examine with reference to such alteration or addition, any witness who may have been examined, unless the Court, for reasons to be recorded in writing, considers that the prosecutor or the accused, as the case may be, desires to recall or re-examine such witness for the purpose of vexation or delay or for defeating the ends of justice.
As per S.217, in case of alteration of the charges, the prosecutor and the accused shall be allowed also to call any further witness whom the Court may think to be material.
Does Charge-Sheet indicate the guilt of the accused?
No. In Sajjan Kumar v CBI, the Supreme court held that the sufficient ground for framing of charge here only denotes the existence of a prima-facie case and is not ground sufficient to convict the accused at this stage.
It has a limited purpose of finding out whether or not a prima facie case against the accused has been made out.
This ruling was further reiterated in the Union of India v. Prafulla Kumar Samal wherein the court held that the presumption of the guilt of the accused which is to be drawn at the initial stage is only for the purpose of deciding prima facie whether the Court should proceed with the trial or not.
Sample Charge Sheet
IN THE COURT OF MR. SATBIR SINGH, ADDITIONAL CHIEF JUDICIAL MAGISTRATE, JAMMU
Chargesheet
State
versus
Sonu Singh, s/o Madan Gopal r/o Flat no 50, Palam Nagar Delhi
Monu Singh, s/o Jagat Pal r/o Flat no 100, Tilak Nagar Nagar Delhi
I, Satbir Singh, Additional Chief Judicial Magistrate, Jammu, do hereby charge you above named accused as under:-
That on 01/09/2018 in the area of Police Station, Jammu Sector 90, Delhi, you the above named accused inflicted simple injuries upon the person of Satbir Singh with the help of iron rods and thereby committed an offense punishable under section 323 of the Indian Penal Code and within the cognizance of this court.
Secondly, on the aforesaid date and place, you the above named accused inflicted grievous injuries upon the person of Satbir Singh with the help of iron rods used as a weapon of offense which is likely to cause death, and thereby committed an offense punishable under section 325 of the Indian Penal Code and within the cognizance of this court.
Thirdly, on the aforesaid date and place, you the above named accused inflicted grievous injuries upon the person of Satbir Singh with the help of iron rods used as a weapon of offense which is likely to cause death and thereby committed an offense punishable under section 326 of the Indian Penal Code and within the cognizance of this court.
Fourthly, on the aforesaid date and place, you the above-named accused threatened to kill the victim Satbir Singh and you thereby committed an offense punishable under section 506 of the Indian Penal Code and within the cognizance of this court.
Lastly, on the aforesaid date and place, you the above named accused inflicted simple as well as grievous injuries upon the person of Satbir Singh with the help of iron rods and also threatened to kill him and you thereby committed an offense punishable under section 307 of the Indian Penal Code and within the cognizance of this court.
And I hereby direct that you be tried by this Court on the said Charges.
Satbir Singh,
(Additional Chief Judicial Magistrate, Jammu)
Jammu, 05.08.2020
Certified that the contents of the charge have been read over and explained to the accused in Hindi.
Satbir Singh,
(Additional Chief Judicial Magistrate, Jammu)
Jammu, 05.08.2020
Statement of accused Sonu Singh, aged 30 years, S/O Madan Gopal r/o Flat no 50, Palam Nagar Delhi
Ques: Have you heard and understood the contents of the charge?
Ans: Yes, sir
Ques: Do you plead guilty or claim trial?
Ans: No, I do not plead guilty and claim trial.
RO&AC (Read Over and Admitted Correct)
Sonu Singh (accused 1)
Judge Name
Mr. Satbir Singh
Additional Chief Judicial Magistrate, Jammu
Statement of accused Monu Singh, aged 35 years, S/O Jagat Pal r/o Flat no 100, Tilak Nagar Nagar Delhi
Ques: Have you heard and understood the contents of the charge?
Ans: Yes, sir
Ques: Do you plead guilty or claim trial?
Ans: No, I do not plead guilty and claim trial.
RO&AC (Read Over and Admitted Correct)
Monu Singh (accused 2)
Judge Name
Mr. Satbir Singh
Additional Chief Judicial Magistrate, Jammu
