What is FIR and Chargesheet?

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Introduction

In the Indian criminal justice system, the terms First Information Report (FIR) and chargesheet are crucial as they play fundamental roles in the legal process, from the initial report of a crime to the formal charges brought against an accused. In this article, we will explore what is an FIR, what is a chargesheet, How to file an FIR, and the difference between an FIR and a chargesheet.

What is FIR in India?

A written document prepared by the police based on the complaints and information received about a cognizable offence is known as First Information Report (FIR). A cognizable offence is a more serious and heinous crime that badly affects society and in case of such an offence the police have the authority to arrest the accused without a warrant and start an investigation with or without the permission of a court. In Indian law, FIR is governed under Section 154 of the Code of Criminal Procedure (CrPC), ‘Information in Cognizable offences’. Section 154(1) states that “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.” 

This Section also states that in the case of an aggrieved woman, the information has to be recorded by a woman police officer. It states that if the information is given by the woman against whom an offence under 

• Section 326A (Voluntarily causing grievous hurt by use of acid), 
• Section 326B (Voluntarily throwing or attempting to throw acid), 
• Section 354 (Assault or criminal force to woman with intent to outrage her modesty), 
• Section 354A (Sexual harassment), 
• Section 354B (Assault or use of criminal force to woman with intent to disrobe), 
• Section 354C (Voyeurism), 
• Section 354D (Stalking), 
• Section 376 (Punishment for Rape), 
• Section 376A (Punishment for causing death or resulting in a persistent vegetative state of the victim), 
• Section 376B (Sexual intercourse by husband upon his wife during separation), 
• Section 376C (Sexual intercourse by a person in authority), 
• Section 376D (Gang Rape), 
• Section 376E (Punishment of repeat offenders) or 
• Section 509 (Word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code 

is alleged to have been committed or attempted, then such information should be recorded, by a woman police officer or any woman officer. It also said that if the person against whom any of the above-mentioned offence is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled, then such information should be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be. The recording of the same should be video graphed. 

Section 152(2) of CrpC states that a copy of the information as recorded under sub-section (1) should be given forthwith, free of cost, to the informant. Section 154(3) determines that “Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.” Now, let us understand How to file an FIR.

How to file an FIR?

Simple steps to follow to file an FIR are mentioned below:

• Go to the nearest police station where the offence occurred. One can also file an FIR at any police station, but it's more efficient to file it where the crime happened.
• Provide detailed information about the incident to the police including all relevant facts such as who was involved, what happened, where, and when.
• The police will write down the FIR based on your information. Make sure to read it carefully and ensure that all details are accurately recorded.
• Once you confirm the accuracy of the report, sign it. After signing, the FIR will be registered, and a copy of the same will be provided to you.

What is a Chargesheet?

A chargesheet is a formal document submitted by the police to the court after completing the investigation into a cognizable offence containing information about the collected evidence, the charges framed against the accused, and a summary of the case. It is also known as the Police report or the Final report. Section 173 of the CrPC deals with the chargesheet. Section 173(2) states “As soon as it (chargesheet) 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—

• 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 offence 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 offence under sections 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, or section 376E of the Indian Penal Code.

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.” The Chargesheet is a crucial document, as it forms the basis for the court to take cognizance of the case and begin the trial proceedings. It is the responsibility of the prosecution to prove the charges outlined in the Chargesheet beyond a reasonable doubt.

Difference between FIR and Chargesheet

Legal Provision

• FIR: Section 154 of the Code of Criminal Procedure (CrPC).
• Chargesheet: Section 173 of the Code of Criminal Procedure (CrPC).

Stage in Legal Process

• FIR: FIR is filed at the beginning of the legal process, immediately after the commission of a crime. 
• Chargesheet: This is submitted after the completion of the investigation providing details of the evidence against the accused.

Time of Filing

• FIR: Filed immediately after the occurrence of a cognizable offence.
• Chargesheet: As soon as the investigation is complete, a chargesheet is prepared and forwarded to the magistrate.

Purpose

• FIR: To start the investigation and record the complainant’s information about the crime.
• Chargesheet: To formally charge the accused and present the evidence to the court.

Who Can File

• FIR: It can be filed by the victim, the victim’s relatives, or any other person knowing cognizable offences.
• Chargesheet: This can only be filed by the investigating officer.

Content

• FIR: Contains basic details of the alleged crime such as the time, date, location, and description of the incident, as well as the personal details of the complainant, witnesses, and the accused (if known).
• Chargesheet: Contains the details of the FIR, the investigative process, the statements of the complainant, witnesses, and the accused, the nature of the offense, the evidence collected, and the conclusion of the investigation.

Multiple Reports

• FIR: No multiple reports as it can violate the fundamental right of the accused.
• Chargesheet: An investigating officer can forward an additional report to the magistrate even though a chargesheet is already submitted.

Determination of Guilt

• FIR: It does not decide a person’s guilt and alone cannot be considered for the conviction of a crime.
• Chargesheet: To prove the accused guilty, the prosecution relies on the chargesheet as it includes all the evidence. Despite this, it cannot be considered as a piece of substantive evidence as it is just a collective opinion of the investigating officer. 

Legal Implications of FIR and Chargesheet

Legal Implications of FIR

• Once an FIR is filed, the police are obligated to investigate the crime. 
• Failure to register an FIR can be challenged in court. 
• It is also a critical document for the complainant, as it initiates the legal process.

Legal Implications of Chargesheet

• It is essential for moving forward with a trial. 
• The chargesheet serves as the foundation for the prosecution's case. 
• If the chargesheet is not filed within the stipulated time, the accused may be released on bail.

Related Case Laws

• Lalita Kumari vs. Govt. of U.P. & Ors. (November 12, 2013)
• Saurav Das vs. Union of India & Ors. (January 20, 2023)

Conclusion

In conclusion, the FIR and Chargesheet are critical components of the Indian legal system, ensuring that the criminal justice process is initiated, investigated, and presented before the court systematically and transparently. Understanding these documents is crucial for navigating the complexities of criminal law and ensuring that justice is served.