This article is written by Danish Ur Rahman S. This article gives an exhaustive comparative study between First Information Report (FIR) and charge sheet and their application in the field of Criminal Law.

Introduction 

We all must have once in our lifetimes heard these two terms – FIR and Chargesheet. We learned about them through newspapers, media, movies, etc. Both the FIR and the chargesheet have a great impact on the accused and on the criminal proceedings for the crime before the court. It could be easily said that the FIR is the first thing to do after a crime, and the chargesheet is the final report of a crime produced for the purpose of criminal proceedings against the accused. Both of these are discussed in detail below in this article.

Difference between charge sheet and FIR

The FIR and the chargesheet, though they both have a great influence on a criminal proceeding, have some major differences between them. Each of such differences is explained in detail below.

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Meaning of charge sheet and FIR

Charge sheet

A charge sheet is the final document that is prepared by the police when there is strong evidence against the accused of committing a crime. The charge sheet is prepared by the police only after a complete investigation of a crime has taken place. The charge sheet is used by the police to file charges against the accused based on the evidence collected from the investigation and based on the nature and seriousness of the crime. A charge sheet is also known as a challan, a completion report or a closure report. It is only after the submission of the charge sheet to the magistrate that the trial starts, and the prosecution prosecutes the accused.

FIR

The First Information Report (FIR) is a written document that is prepared based on the complaints and information received by the police about a criminal incident or a crime. A FIR is prepared only in the case of cognizable offences, and hence there is no FIR prepared for a non-cognizable offence. According to the Code of Criminal Procedure, a cognizable offence is a more serious and heinous crime that badly affects society and the public, and in a cognizable offence the police have the power to make an arrest of the accused without any arrest warrant or court permission. Section 2(c) of the Code of Criminal Procedure, 1973, defines the term cognizable offence. In the case of State of Rajasthan v. Shiv Singh (1960), the Rajasthan High Court held that FIR is ‘the statement of the maker of the report at a police station before a police officer recorded in the manner provided by the provisions of the Code.’

Laws governing charge sheet and FIR

Charge sheet

Section 173 of the Criminal Procedure Code is the provision that deals with the charge sheet. Section 173(1) deals with the duration within which the investigation has to be completed to prepare a charge sheet, which is explained in the following headings. The charge sheet is termed a police report in the Section.

Section 173(2) states that, as soon as the police officer completes the investigation of a crime, the police officer shall create a police report and forward it to a magistrate who has the power to take cognizance of the crime.

Section 173(2) also states that a police report that is made after the completion of the investigation should contain all the information, including:

  • The names of the parties;
  • The nature of the information given;
  • The names of all the persons who are connected with the circumstances of the case;
  • Whether any offence has been committed by anyone and, if so, by whom;
  • Whether the accused, who has committed the crime, has been arrested;
  • Whether the accused has been released from custody on his bond and, if so, whether he has been released with or without securities;
  • Whether he is in custody under Section 170 of CrPC
  • In case the offence is against the woman and the offence relates to an offence under Sections 376, 376-A,376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB or 376-E of the Indian Penal Code, 1860, whether the medical examination of the woman has been attached in the report.

The officer who has prepared the police report or the charge sheet has to communicate with the person who gave the First Information Report in a way prescribed by the respective State Government. 

Section 158 of the CrPC provides that whenever any report is forwarded to the magistrate, the State Government directs it to be forwarded by any superior police officer who has been appointed by a general or special order. The report is to be submitted to the magistrate by the superior police officer alone.

Hence, Section 173(3) states that the charge sheet is to be forwarded to the magistrate through a superior officer, as prescribed in Section 158. If the orders from the magistrate are pending, the superior police officer may direct the police officer in charge to make further investigation.

In the case of Nupur Talwar v. C.B.I. (2012), the Supreme Court stated that cognizance of the offence that was taken by the magistrate should not be interfered with by any order unless such cognizance is unreasonable or is based on no material.

Section 173(4) states that if the charge sheet forwarded to the magistrate states that the accused has been released by a bond, the magistrate has the power to make an order to discharge the bond or otherwise as he thinks fit.

Section 170 of the Code of Criminal Procedure states when and which of the cases can be sent to the magistrate when evidence is sufficient. 

Section 173(5) states that if the charge sheet is forwarded to the magistrate under Section 170 of the Code of Criminal Procedure, the charge sheet should be submitted along with all the documents or relevant extracts on which the prosecution could rely on. The charge sheet is to be submitted along with all the statements recorded by persons who can be witnesses at the time of prosecution. 

Section 173(7) states that the police officer, if he is convenient enough to do so, can furnish all or any of the documents referred to in Section 173(5) to the accused of the crime.

If the police officer thinks that the disclosure to the accused of any part of the statements mentioned in Section 173(5) is not essential and is not relevant to the subject matter of the case, the police officer can request the magistrate not to disclose the part to the accused.

Even if the police officer has forwarded the charge sheet as soon as the investigation is complete, that does not mean the investigation is finished. Section 173(8) states that the investigation can go further even after the charge sheet has been forwarded to the magistrate under 173(2), and the police officer shall forward a further report or reports of the extended investigation to the magistrate.

FIR

The First Information Report (FIR) is not defined anywhere in law. There is no explicit provision in any criminal statute that defines FIR. Though there are no explicit provisions, the information recorded under Section 154 of the Criminal Procedure Code (CrPC) is considered a First Information Report.

Section 154 of the CrPC

According to Section 154(1), “Information in cognizable cases” – Every information relating to the commission of a cognizable offence that is given to an officer of a police station orally should be reduced in writing by the officer or by anyone under his direction, and the officer shall read over all the information recorded to the informant. The information so recorded, whether given in writing or reduced to writing, shall be signed by the person who gave such information, and all such information is recorded and kept by the officer in a way as prescribed by the respective State Government.

There are four essentials while filing an FIR at the police station:

  1. Every piece of information relating to the commission of a cognizable office is to be given to a police officer of a police station.
  2. Such information, if given orally, shall be reduced in writing by the officer or by anyone under his direction.
  3. The informant shall sign the recorded statement that has been reduced by writing by the police officer or by anyone under his direction.
  4. The police officer shall keep and record such information in such a form as prescribed by the respective State Government.

Section 154(2) also mandates the issuance of such recorded information to the informant, free of cost.

According to Section 154(3), if a police officer in charge of a police station refuses to record the information given to him under Section 154(1), the aggrieved party can send the contents of such information, in writing and by post, to the respective Superintendent of Police. 

The Superintendent of Police, if satisfied that such information explains the commission of a cognizable offence, shall either investigate the case himself based on the information given or may direct any police officer subordinate to him to investigate in the manner provided in the Criminal Procedure Code, 1973 (CrPC). The police officer who is directed to investigate by the Superintendent of Police shall have the power of an officer in charge of a police station.

Special provision for the information provided by an aggrieved woman:

The proviso of Section 154(1) of the CrPC explains how an FIR is filed based on the information given by the aggrieved woman. According to Section 154(1), the information given by the woman, against whom the following offences have been attempted or committed, shall be recorded by a woman police officer. The offences under the Indian Penal Code, 1860, where the woman officer has to record the information given by the aggrieved woman are:

It is provided further in the Section that if the victim is, temporarily or permanently, mentally or physically disabled due to the attempt or commission of any of the above offences, then such information shall be recorded by a police officer, at the residence of the aggrieved person who is seeking to report such offence or at a convenient place of the aggrieved person’s choice. There shall be an interpreter or a special educator present while recording the information. 

The police officer who is recording the information or any person subordinate to him shall make videography of such recording. Section 164 (5-A)(a) of the CrPC directs the judicial magistrate to record the statements of the person against whom any of the above offences have been committed, and the police officer shall also get the statement given to the magistrate as soon as possible.

Time of filing a charge sheet and FIR

Charge sheet

The charge sheet is prepared and forwarded to the magistrate as soon as the investigation is complete. So the filing of the charge sheet is dependent on the completion of the investigation of the crime.   

The filing time of the charge sheet is immediately after the completion of the investigation. Section 173(1) states that the investigation of a crime should be completed without unnecessary delay. Hence, the investigation is to be done, and the charge sheet is to be filed as soon as possible without any unnecessary delay.

The Code of Criminal Procedure Code Amendment Act, 2008, gave consideration to the 154th Law Commission report, which recommended the fast disposal of criminal cases, especially if the crimes are against women.

The Amendment Act of 2008 added a new subsection 173(1-A) to the Code of Civil Procedure, which gives a specified time before which the investigation has to be completed and the police report or charge sheet is to be forwarded to the magistrate when the crime is against the woman.

The subsection is only applicable for the offences under Sections 376, 376-A, 376-AB, 376-B, 376-C, 376-D, 376-DA, 376-DB, and 376-E of the Indian Penal Code. Thus, in most rape related cases, the investigation is to be done within two months from the date on which the information regarding the crime was first obtained. 

The Amendment Act of 2008 had a view to provide that the investigation of the offence of the rape of a child should be completed within three months from the date when the information regarding the crime against the child was first informed.

FIR

There is generally no time limit to file an FIR before the police officer in charge of a police station, but the FIR has to be filed as soon as possible. The FIR can be filed anytime, immediately after the occurrence of the crime. In the case of the Youth Bar Association of India v. Union of India (2016), the Supreme Court held that after registering an FIR, the Police has the duty to upload an online copy of the FIR within 24 hours of its registration.

Delay in filing an FIR

If there is a slight delay in filing an FIR, it normally does not have a great impact on the investigation or on the prosecution.

The unusual delay in filing an FIR can certainly cause problems for the investigation or the prosecution. If the FIR is filed so many days after the occurrence of the crime or the delay in filing the FIR is not explained properly, then it may create a doubt on the informer and weaken the case of the prosecution.

In the case of Palani v. State of Tamil Nadu (2018), the admissibility of an FIR that was lodged after a delay was questioned. The Supreme Court held that delay in filing an FIR can cause suspicion or doubt because there is a possibility of the collection of evidence against the accused in the delayed time. The Apex Court further stated that it is the prosecution’s burden to explain the delay in lodging the FIR in a satisfactory and plausible explanation. Though a mere delay in filing the FIR cannot be a reasonable ground for just throwing the case of the prosecution, a long and unexplainable delay may create doubt or raise suspicion as to why there is a delay in filing the FIR.   

Who can file a charge sheet and FIR

Charge sheet

The charge sheet is generally not filed anywhere; it is just forwarded to the magistrate once it is prepared. The charge sheet is prepared only by the officer in charge of the police station, who investigates the case based on the information given in the FIR. The police officer who investigates the case alone can forward the charge sheet to the magistrate if there is enough evidence to prove the fate of the case. 

FIR

The FIR can be filed by the victim against whom the crime has been committed. It is not mandatory that the victim alone should file the FIR. A relative, friend or acquaintance of the aggrieved victim can file an FIR with the police officer on behalf of the victim. In India, any person can lodge an FIR with the police if he has the knowledge that there has been a cognizable offence committed. It is not necessary that the informant knows all the information about the crime, but it is vital that he report everything he knows.

Further reports on charge sheet and FIR

Charge sheet

Section 173(8) deals with the admissibility of the further investigation and the further police report forwarded to the magistrate. Even after a charge sheet is forwarded to the magistrate after the completion of the investigation, a further investigation and further report is possible. In the case of Dinesh Dalmia v. CBI (2007), the Apex Court stated that the report under Section 173(2) does not prevent further investigation under Section 173(8).

Some precedents have given the power to the courts in matters relating to further investigation under Section 173(8). In Satish Kumar Nyalchand v. State of Gujarat (2019), the High Court of Gujarat held that the court has the power not to hear the accused before ordering further investigation, and in the case of Devendra Nath Singh v. State of Bihar (2022), the Supreme Court held that the high courts have the power to direct the police officers for further investigation and even for reinvestigation of the same case.

FIR

No criminal case can have more than one FIR, but in the case of Ram Lal Narang v. State of Delhi (1979) it was held that there is a possibility of filing a second FIR when the objectives of filing the FIR are different. The case of Anju Chaudhary v. State of UP (2012) held that filing the second FIR is not permitted because of the three reasons listed below:

  • The second FIR is not permitted to safeguard the fundamental right of the accused from double jeopardy. Article 20(2) of the Constitution of India;
  • It is not permitted to maintain a fair investigation of the case;
  • It is not permitted so that the police can refrain from abusing their power and wrongfully convicting an innocent.

Determination of guilt in charge sheet and FIR

Charge sheet

Though the charge sheet is not a public document, it is complete as it has all the required evidence and is the basis on which the trial for the accused begins. The prosecution relies on the charge sheet to prove the accused guilty. But in the case of Rajesh Yadav v. State of UP (2022), the Allahabad High Court held that the charge sheet cannot be considered substantive evidence and is just a collective opinion of the investigating officer.

FIR

The first information that is recorded under the FIR has some credible value as it is the first information that reaches the police, and even the delay in filing an FIR can cause doubt and suspicion in the case and thus decide the fate of the case. FIR can also be used as evidence to support or refute the statements given by witnesses or suspects. However, FIR alone cannot be considered for the conviction of a crime, and moreover, it is only the evidence that either singularly or collectively decides the case. In Pandurang Chandrakant Mhatre v. State of Maharashtra (2009), the Supreme Court held that an FIR is just a piece of information and cannot be considered a substantive piece of evidence; it can be used to check the credibility of the witnesses.

Important cases on charge sheet and FIR

Charge sheet

Luckose Zachariah v. Joseph Joseph (2021) 

In this case, the issue of the admissibility of the supplementary report submitted under Section 173(8) was questioned. The issue of whether the judicial magistrate considers that supplementary report was also questioned. The Supreme Court held that the judicial magistrate is bound to consider both the initial final report or the charge sheet submitted under Section 173(2) of the CrPC and the supplementary report submitted under Section 173(8) before deciding the case. The judicial magistrate does not have the discretion to give less value to the supplementary report submitted before him, and he has to cumulatively consider both the reports submitted to him by the police.

Saurav Das v. Union of India (2023)

In this case, the petitioner pleaded before the Supreme Court to pass an order to direct the police officers to upload an online copy of a charge sheet in the public domain or a website. The court held that the charge sheet is not a public document and is also not a substantive piece of evidence. The Supreme Court of India further stated that uploading charge sheets and other relevant documents into the public domain or on the public website of the state government can be contrary to the scheme of the Criminal Procedure Code as it can violate the rights of the accused, victim, and/or even the investigating agency.

FIR

Lalita Kumari v. State of UP (2013) 

In this case, the issue was whether a preliminary inquiry or investigation by the police was required in order to register an FIR. The Supreme Court held that if the information is regarding the commission of a cognizable offence, then there is no preliminary inquiry required before registering the FIR. Thus, the police officer is bound to register an FIR if he receives any information relating to the commission of a cognizable offence. Action could be taken against the police officer who refrains from filing an FIR. In cases of matrimonial or family disputes, commercial offences, medical negligence offences, and corruption cases, a preliminary inquiry can be conducted before filing an FIR.

State of Haryana v. Bhajan Lal (1990) 

In this case, the Court proposed the importance of mandatory registration of FIR. The issue in this case is whether the registration of an FIR is mandatory in the case of a cognizable offence. The Court held that it is mandatory to register an FIR based on the information relating to the commission of a cognizable offence. The reason behind the court’s order to mandate registration of FIR under cognizable offence is that the word “shall” mandates the registration and the words “Every information” do not mean reasonable information or credible information. Hence, if any information relating to the commission of a cognizable offence is provided, the registration of the FIR is mandatory and obligatory.

C. Mangesh v. State of Karnataka (2010)

In this case, the evidentiary value of the FIR was questioned before the Supreme Court. The Supreme Court held that FIR is not a substantive piece of evidence but just a confirmation factor, and it is also a well-settled law that FIR does not help the prosecution prove the accused guilty of the offence. The First Information Report (FIR) can be used to corroborate the informant regarding the information given by him under Section 157 of the Indian Evidence Act, 1872 and also to contradict the informant under Section 145 of the Indian Evidence Act.

Summary of the difference between charge sheet and FIR

SerialNoBasis of differenceFIRCharge sheet
1.Legal ProvisionsFIR is dealt with Section 154 of the Code of Criminal Procedure.Charge sheet is dealt with in Section 173 of the Code of Criminal Procedure.
2.DefinitionFIR is a written document filed before a police station with all the initial information regarding the cognizable offence commtted.Charge sheet is final police report which is forwarded to the magistrate by the investigating officer once the investigation of a cognizable offence is completed.
3.Who can fileThe victim, the victim’s relatives or any person who has the knowledge of a cognizable offence committed can file an FIR.The investigating officer alone can prepare the charge sheet.
4.Time of filingFIR has to be filed immediately after the occurence of a cognizable offence.Charge sheet has to be prepared and forwarded to the magistrate as soon as the investigation is complete.
5. AdmissabilityFIR alone cannot constitute the conviction of an accused. Charge sheet cannot be considered as a substantive evidence, and it just the opinion of the investigating officer.
6. JurisdictionThe concept of zero FIR allows the informant of a cognizable offence to file an FIR in any police station.The charge sheet should be prepared only by the investigation officer of a police station which has the jurisdiction of the crime committed.
7.Multiple reportsThe filing of second FIR is not permitted as it can violate the fundamental right of the accused and is against justice.An additional police report can be forwarded to the magistrate even if there is a charge sheet which has been forwarded.

Conclusion 

Though there are so many differences between the FIR and the chargesheet, either one is useless without the other. Both of them collectively aid in the investigation and also in the trial before the court. Although both of them are not considered substantive evidence before the court decides a case, without them, the adjudication of criminal cases would have no proper structure. 

Frequently Asked Questions (FAQs)

Is there any difference between the charge sheet and the final report?

The charge sheet and the final report are both police reports; the main difference is the evidence collected against the accused. If the police officer investigating the case has enough evidence that can be used by the prosecution during the trial of the accused, the police officer will produce a charge sheet before the magistrate with all the information stated in Section 173(2). If the police officer cannot find any solid evidence against the accused and there are no reasonable grounds to prove that the accused has committed the crime, the police officer will produce a final report to the magistrate. 

What is Zero FIR?

Zero FIR is a concept that aids the victim in filing an FIR before any police station, irrespective of the place where the crime has taken place. It was recommended by the Justice Verma Committee formed during the famous Nirbhaya gang rape case of 2012. The concept of zero FIR makes it a duty for the police to register an FIR immediately after receiving information relating to a cognizable offence without the excuse of jurisdiction. Hence, a police officer cannot deny the registration of an FIR by stating that their police station does not have jurisdiction over the place where the crime has been committed. The police officer must register an FIR based on the information given, and he has to transfer it to the respective police station where the actual jurisdiction of the crime lies. The respective police station will register a fresh FIR and start the investigation.

Can the accused of the crime lodge an FIR with the police? 

In India, anyone who has knowledge of the commission of a cognizable offence can report it to the police and file an FIR regarding it. In India, even the accused can lodge an FIR before a police officer regarding the cognizable offence. If the information given by the accused is related to confessional statements, then it is not admissible under Section 25 of the Indian Evidence Act, and if the information given is non-confessional, then such information would be admissible under Sections 8, 21, and 32(1) of the Indian Evidence Act, 1872.

What is a Case Diary?

All the information regarding the time at which the information reached the police officer, the time at which he started and closed the investigation, and the places and witnesses visited by him while preparing the charge sheet shall be recorded in a Case Diary that is maintained in the police station. In Laxmi v. NCT Delhi (2016), it was held that the Case Diary must be a volume and duly paginated, meaning that any page of that diary could not be severed from it. It is to be noted that it is mandatory for the investigating officer to maintain a case diary.

Is there any other name for the charge sheet?

Yes, the charge sheet is referred to by so many different names, like completion report, challan, chargesheet, final report, and police report. Section 173 of the CrPC defines a charge sheet as the police report that is sent to the magistrate after the completion of the investigation. 

References

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