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Chargesheet is not a “Public Document”: Supreme Court

  • IASbaba
  • January 23, 2023
  • 0
Governance, Indian Polity & Constitution
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Context: The Supreme Court bench recently declared chargesheets to be private documents. It said that the state is not obliged to provide the public free access to chargesheets by uploading them on police or government websites.

About Chargesheet:

  • A charge sheet refers to a formal police record showing the names of each person brought into custody, the nature of the accusations, and the identity of the accusers. The charge sheet contains majorly 4 parts:
    • Information about the accused and the witnesses
    • The charges and specifications
    • The preferring of charges and their referral to a summary
    • For the trial record
  • The charge sheet is to be filed within 60 days from the date of arrest of the accused in cases triable by lower courts and 90 days in cases triable by the Court of Sessions.
  • No case for grant of bail will be made under section 167(2) of the CrPC if the charge sheet is filed before the expiry of 90 days or 60 days, as the case may be, from the date of first remand.
  • The right of default bail is lost, once the charge sheet is filed.
  • A charge sheet is distinct from the First Information Report (FIR), which is the core document that describes a crime that has been committed.
  • Chargesheet usually refers to one or more FIRs and charges on an individual or organization for the crimes specified in those FIR.
  • Once the charge sheet has been submitted to a court of law, prosecution proceedings against the accused begin in the judicial system.

About FIR:

  • First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence.
  • It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report.
  • Based on the information provided, I.R. can be registered by the Judicial Magistrate by giving direction to the concerned jurisdictional area of the Police Station.
  • Zero F.I.R.: With the help of zero F.I.R., a complaint can be lodged at any police station irrespective of the jurisdiction of the Police Station.
    • It is an amendment that came after Nirbhaya Rape Case.

Source: Indian Express

Previous Year Questions

Q.1) With reference to India, consider the following statements:

  1. Government law officers and legal firms are recognized as advocates, but corporate lawyers and patent attorneys are excluded from recognition as advocates.
  2. Bar Councils have the power to lay down the rules relating to legal education and recognition of law colleges.

Which of the statements given above is/are correct? (2022)

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

Q.2) With reference to India, consider the following statements:

  1. Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in police station, not in jail.
  2. During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.

Which of the statements given above is/are correct? (2021)

  1. 1 only
  2. 2 only
  3. Both 1 and 2
  4. Neither 1 nor 2

 

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