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What are laws related to charge sheet. ?


02-Nov-2023 (In Criminal Law)

What is the law on the expiry of a charge sheet? In how much time of filing the FIR, charge sheet needs to be submitted? And what the other party can do if the IO is not submitting the charge sheet? Is there any law which says that if the charge sheet is not filed within the time limit then the other party can reach to high court and ask to quash the FIR? Please guide me. Also tell me from where to read the law related to charge sheet.

Answers (1)

Answer #1
904 votes
as far as filing of chargesheet is concerned, it needs to be filed within 90 days, if the accused is not in custody, the 90 days is from the date of the arrest of the accused, 90 days for heinous offences, like murder and rape. for others it is 60 days.
again, if the chargesheet is not filed within 90 days, then you are liable to be set at liberty (bail), this does not mean that chargesheet will be filed, many times, especially in economic offences, the investigation is prolonged and takes time, so the chargesheet is filed after months, courts normally refrain from fixing any particular time frame, but as a general caution merely say that the investigation be concluded expeditiously. You can file a writ in the HC and seek remedy proper and fair investigation with a specific prayer that it be concluded early.
There is no provision which allows the FIR to be quashed merely because the chargesheet is not being filed.

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