Difference Between FIR and Charge SheetIntroductionThe First Information Report (FIR) is the written record the police write after they receive information about the occurrence of a recognisable offence. It is a significant document for both the prosecution and the defence. It serves as the case's foundation, as the entire case is built upon it. The police begin the crime investigation only when the FIR has been registered.  The Chargesheet is the formal document of the accusation prepared by the police. It comprises the investigating officer's conclusion that they have gathered adequate evidence for the accused's trial in the court.In simple terms, it informs the magistrate that after conducting an investigation, the officer has obtained substantial evidence for the court. What Is An FIR?An FIR is a report of information filed by an injured or abused person and it is recorded by an officer on duty. Filing an FIR should occur soon, and any delay must be justified. In other terms, FIR refers to the complaint filed by the victim or any other person with the police regarding the commission of a recognisable offence. The investigation begins with the information provided by the offended party. Furthermore, the police officer is required to deliver a free copy of the FIR to the complainant. The Judicial Magistrate can record the FIR by directing it to the appropriate jurisdictional area of the police station. The FIR is the most crucial document since it begins the criminal justice procedure. The First Information Report (FIR) is a written record that the police create based on complaints and information they receive concerning a criminal occurrence or crime. An FIR is only prepared for recognisable offences. Hence, there is no FIR for a non-recognizable offence. A recognisable offence, according to the Code of Criminal Procedure, is a more serious and heinous crime that has a negative impact on society and the public. In such cases, the police have the authority to arrest the accused without an arrest warrant or court approval. The term recognisable offence is defined under Section 2(c) of the 1973 Criminal Procedure Code. Conditions to File an FIRTwo conditions must be met in order to create a FIR:
The Procedure for Filing an FIR
Who Can File an FIR?The victim against whom the crime was executed might file an FIR. It is not required that only the victim submit the FIR. A victim's relative, friend, or acquaintance may submit an FIR with a police officer on their behalf. In India, anyone who knows that a recognisable offence has been committed can file a FIR with the police. It is not required for the informant to have all of the details regarding the crime, but he must tell everything he knows. Time of Filing an FIRThere is no time restriction for filing an FIR with the police officer in charge of a police station, but it must be filed as quickly as possible.The FIR can be filed at any time, including shortly after the offence has occurred. What Is A Charge Sheet?A charge sheet is a fully developed inquiry report prepared by a police officer or investigating officer against the accused once the investigation has been completed.This document is prepared by police when there is strong proof that the accused has committed a crime. The police compile the charge sheet only after conducting a thorough investigation of the crime. A charge sheet is often referred to as a challan, completion report, or closure report. The charge sheet is transmitted to the Magistrate within 60 to 90 days. The magistrate has the authority to take charge of the stated crime and impose charges. The time frame for preparing the charge sheet once the FIR is filed is ninety days,when the investigation is concerned with an offence punished by death, life imprisonment, or imprisonment for ten years or more. When the investigation involves any other offence, the time limit is 60 days. What Does It Contain?A charge sheet includes the following details:
Time of Filing a Charge SheetThe charge sheet is created and sent to the magistrate as soon as the inquiry is completed. As a result, the filing of the charge sheet is dependent on the conclusion of the criminal investigation. The charge sheet is filed promptly upon the completion of the inquiry. According to Section 173(1), a criminal investigation shall be concluded as soon as possible. As a result, the investigation must be completed and the charge sheet filed as soon as possible to avoid unnecessary delays. Who Can File a Charge Sheet?The charge sheet is typically not filed somewhere; instead, it is forwarded to the magistrate once completed. It is only generated by the person in charge of the police station, who examines the case using the information contained in the FIR. If there is sufficient evidence to prove the case's outcome, the police officer who investigates it alone can transmit the charge sheet to the magistrate. Key Differences Between FIR and Charge SheetAn FIR is the first information report on an offence that is written into records by an on-duty police officer. After receiving the FIR, the investigating officer gathers evidence to authenticate the facts of the case and prove the claims against the accused. Based on the findings of the inquiry, he writes a written report known as a charge sheet. The charge sheet is the final report because the investigating officer files it at the conclusion of the inquiry. On the other hand, an FIR is filed for the first time when the police are notified of the commitment of a recognisable offence. A recognisable offence does not require warrant arrest of the accused, such as rape, murder, or kidnapping. In case of a recognisable offence, the approval of the Magistrate to start the investigation is not necessary. The police must immediately record the victim's testimony or that of any other individual who describes the offence as an FIR. The charge sheet must be filed within the specified time limits. FIRs do not prove the accused's guilt. However, a charge sheet is a complete document with evidence. It is used as evidence in court to prove the accused's crimes. Comparison Chart
ConclusionAn FIR (First Information Report) and a charge sheet play unique functions in the criminal justice system. An FIR is an initial complaint submitted by a victim or informant with the police to begin the investigation of a recognised offence. It is necessary for initiating legal actions, but it is not sufficient to prove guilt. A charge sheet, on the other hand, is a detailed document made by the investigating officer after gathering sufficient evidence that formally charges the suspect and is filed with the court for trial. While the FIR is a preliminary report submitted at a police station, the charge sheet is a final report filed in court, indicating the conclusion of the investigation. Next TopicDifference between 3G and 4G Technology |
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