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Once you have reported the crime by filing an FIR, the officer in charge must send the report to a Magistrate, who will take note of the case without any unnecessary delay, and proceed with the investigation. This is a mandatory step that the police have to follow, as it allows the Magistrate to take control of the investigation, and if necessary give appropriate directions to the police.
The police will investigate the facts and circumstances of the case, and if necessary, take measures to find and arrest the person committing the crime.
If the police officer feels that the case is not of serious nature, he may appoint a subordinate officer to do the investigation. Also, if they think that there are no sufficient grounds to investigate further, they may not do so.
When the Police are done with their investigation and have found enough evidence to proceed with a criminal case, they file a chargesheet. However, after investigation if they have not found anything proving the commission of a crime, they will suggest the closing of the case by filing a closure report to the Magistrate.
It is the filing of the charge sheet where the trial of a criminal case begins. The police do not have a time limit to file the charge sheet or a closure report. Even the Magistrate cannot compel the police to file the chargesheet in a particular period of time. But if the person accused of a crime is in jail, then they have either 60 days (where the punishment for the crime is less than 10 years) or 90 days (where the punishment of the crime is more than 10 years) to file the chargesheet.
1
Can police filed the charge-sheet if the high court ordered no coercive step
Yes, the police can file the charge-sheet before the court process begins. A charge-sheet is a report forwarded by the officer in charge of the police station after investigation, containing details about the parties and the offences. So, the result of the investigation will be submitted by the police to the Court in the form of a charge sheet. At this point the judge will decide on whether the person who is being accused is guilty or not. This is when the criminal case actually begins. To explore more on the process of charge sheet, read our explainer on Charge sheet.
If the accused is in magistrate custody from last 180 days and the offense is less than 7 years imprisonment and Police doesn’t filed chargesheet till date then what happened? Is it necessary to file chargesheet within 90 days? If the Police personnel doesn’t know that the accused is in jail or not , Who is responsible for that Judicial magistrate or Police?
It is the filing of the charge sheet where the trial of a criminal case begins. The police do not have a time limit to file the charge sheet or a closure report. Even the Magistrate cannot compel the police to file the chargesheet in a particular period of time. But if the person accused of a crime is in jail, then they have either 60 days (where the punishment for the crime is less than 10 years) or 90 days (where the punishment of the crime is more than 10 years) to file the chargesheet.
If there is a delay in filing the chargesheet, then you can file an application for bail.