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2 years have been completed, police not filing chargesheet. What can I do?
04-Jul-2024 (In Criminal Law)
- Why does the police delay in filing the chargesheet?
- What can I do if the police is not filing the chargesheet?
- What is the legal remedy available for delay in chargesheet filing?
If the police are not filing a charge-sheet, first send a written representation to the SHO and SP (keep receipts) and ask for a written status; BNSS requires timely completion of investigation and that the informant be updated (see Section 193 BNSS). [https://indiankanoon.org/doc/166275157/] If that fails, you can (a) file a private complaint or an application before the Magistrate seeking cognizance or direction for further inquiry, or (b) approach the High Court by writ under Article 226 asking for directions to complete/expedite investigation or to order a supervised probe in exceptional cases (High Courts retain inherent powers). See BNSS Section 528 on inherent powers. [https://vidhiadda.com/section-528-of-the-bharatiya-nagarik-suraksha-sanhita-2023-bnss/] Note courts will not ordinarily compel police to file a charge-sheet but may order completion of investigation or further probe; see Abhinandan Jha v. Dinesh Mishra (Magistrate cannot force a chargesheet) and D. Venkatasubramaniam v. M.K. Mohan Krishnamachari (HC should not unduly supervise investigation); and Popular Muthiah (Court can direct probe or action where police omitted material investigation). [https://indiankanoon.org/doc/49832/] [https://indiankanoon.org/doc/71350967/] [https://indiankanoon.org/doc/1241751/] For reference to the new criminal statutes, see the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA). [https://www.indiacode.nic.in/handle/123456789/21420'view_type=browse] [https://www.indiacode.nic.in/handle/123456789/21615'locale=en] [https://www.indiacode.nic.in/handle/123456789/21070]
If the police fail to file a chargesheet within 90 days (for offenses triable by a Court of Sessions) or 60 days (for offenses triable by lower courts), the accused becomes entitled to default bail under Section 167(2) of the Criminal Procedure Code (CrPC). This means the person can seek release from custody but only if they formally apply for bail; it doesn?t happen automatically.
The Supreme Court of India has clarified that a chargesheet must be complete before submission. Police cannot file an incomplete or partial chargesheet just to prevent the accused from claiming default bail.
If no chargesheet is filed even after two years of case registration, the accused (or their lawyer) can move an application before the trial court to highlight the delay, or approach a higher court such as the High Court to direct the police to expedite the investigation.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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- Overburden of work on the investigating officer.
- Non-availability of witnesses whose statements need to be recorded before filing the chargesheet.
19+
Adv. Gaurav Sharma
Adv. Gaurav Sharma
Kurukshetra | 25+ Answers
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- File an application before the court requesting a status report on the investigation.
- Approach the High Court with a petition for transfer of investigation or to expedite the process.
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Adv. Shashikant Gupta
Adv. Shashikant Gupta
Chandigarh | 25+ Answers
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- After the FIR is lodged, the police must file a chargesheet within 90 days in serious offenses.
- If the police fail to file the chargesheet within this period, the accused is entitled to default bail.
- If 90 days have passed, approach your lawyer and file for bail under Section 167(2) of CrPC (Section 187(2) of BNSS) .
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Adv. Pratik Duhan
Adv. Pratik Duhan
Panipat | 50+ Answers
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- Move an application before the concerned court to direct the police to provide the investigation status.
- Approach senior police officers to expedite the investigation process.
14+
Adv. Devender Kumar Kataria
Adv. Devender Kumar Kataria
Gurgaon / Gurugram | 50+ Answers
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7+
Adv. Ankur Thakran
Adv. Ankur Thakran
Gurgaon / Gurugram | 100+ Answers
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Advocate RISHI PAL SINGH VARMA, BANGALORE
Very informative and nicely explained answers, thanks, Very good ? ? ?
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