Difference Between Framing Of Charges And A Charge sheet.

As an aware Indian citizen, it is our duty to be well informed about the important legal definitions and terminologies. There are many words which are closely related and yet have some key differences. One such pair of words is the framing of charges and a charge sheet. Read on to know the difference between the framing of charges and a charge sheet.

What is a Charge sheet?

A Charge sheet can be explained to be a written report submitted by the police officer to the Magistrate after their investigation relating to a particular matter is complete. The Charge sheet has details such as the names of both the parties, nature of information, details regarding investigation etc.

The guidelines for filing a charge sheet are laid down under Section 173 of the Code of Criminal Procedure, 1973.

Section 173 of the Code of Criminal Procedure (CrPC)

This section of the CrPC deals with the detailed procedure to be followed in case of filing a charge sheet. It is essential to note that the investigating officer must submit the charge sheet within 60 days for crimes attracting punishment up to 10 years and within 90 days for crimes attracting punishment over 10 years. Failure to do so gives the accused right to bail which even the court cannot deny.

A charge sheet must contain the following information:-

1. Names of the parties;
2. Nature of the information;
3. Name of the persons who appear to be acquainted with the circumstances of the case;
4. Whether any offence appears to have been committed and, if so, by whom;
5. Status of the arrest of the accused;
6. Whether he has been released on his bond and, if so, whether with or without sureties;
7. Whether he has been forwarded in custody under section 170;
8. Whether the report of medical examination of the woman has been attached where investigation relates to an offence under section 376, 376A, 376B, 376C or 376D of the Indian Penal Code, 1860.

Meaning of framing of charges

In the case of criminal trials, it is utmost important that the accused is informed of the accusations which are laid on him. These accusations as per the code are the offences which the person is accused of and are called charges. The process of applying these charges and in case of serious offences writing them with great clarity and precision is called framing of charges.

Section 211 Code of Criminal Procedure, 1973

This section of the CrPC deals with the framing of charges. It asks for the precise statement of the accusations levied on the accused which also is the most basic requirement of a fair trial. The section states the contents of the charge as follows:-

1. The offence should clearly be stated with which the accused is charged.
2. If the offence has a specific name in the law, it should be mentioned by that name.
3. In case of lack of name by the law, the definition of the law must be stated.
4. The law and the section related to the offence also need to be stated in the charge.
5. The charge also verifies all the legal conditions being fulfilled to apply that charge.
6. The charge should be written in the language of the court.
7. Any previous convictions for the same offence must be stated in detail.

 

Difference between charge and charge sheet

From the above information, we can draw the following differences:-

1. Charge is a formal document stating the offence and charge sheet is just the report submitted by investigating officer.
2. While charge is formed by a Magistrate, charge sheet is prepared by the police.
3. Charge is judicial but charge sheet is not.
4. Trial follows charge and inquiry follows charge sheet.
5. Charge is framed after inquiry and charge sheet is framed after investigation.

Judicial Precedent

The Supreme Court in the case of Nitya Dharmananda @ K. Lenin v. Sri Gopal Sheelum Reddy @ Nithya Bhaktananda, has observed that “it is clear that while ordinarily the Court has to proceed on the basis of material produced with the charge sheet for dealing with the issue of charge but if the court is satisfied that there is material of sterling quality which has been withheld by the investigator/prosecutor, the court is not debarred from summoning or relying upon the same even if such document is not a part of the charge sheet. It does not mean that the defence has a right to invoke Section 91 CrPC de hors the satisfaction of the court, at the stage of charge.”

 

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