How to proceed after charge sheet submission by lawyer in court

829 votes

1.Filing of a charge-sheet basically means that the investigation has been completed. However, in certain circumstances, the police may file a supplementary charge-sheet as well.

2. Upon the charge-sheet being filed in the Court, the Court applies its mind to the facts presented before it and on being satisfied that a prima-facie case is made out, the Court takes Cognizance of the offences mentioned in the charge-sheet. The Court can also take cognizance of additional offences if the documents presented before it reveal the commission of any other offence which may not be mentioned in the charge-sheet.

3. Arguments are then heard on ‘charge’. The accused argues the reasons as to why there is no ground for him to be charged at all or to be charged under a particular section and Prays for ‘discharge’. The prosecution argues why there is sufficient prima-facie evidence and grave suspicion on the basis of which the accused must go through trial for a particular offence. The Court then either discharges the accused through a reasoned order or frames charges against the accused.

4. The accused is then read out and explained the charge to which he may plead guilty or claim to be tried. If the accused pleads guilty, a judgment can be pronounced by the Court. If, the accused claims to be tried- the trial begins.

5. Prosecution conducts examination-in-chief of all its witnesses who are then cross-examined by the accused. The said witnesses could even be re-examined by the Prosecution if something new comes up during their cross-examination.

6. Upon completion of the Prosecution Evidence, the examination of the accused takes place. Questions are put to the accused based on the entire prosecution evidence and what does he have to say regarding all the evidence produced by the Prosecution. Then the accused is allowed to produce his evidence by way of defense evidence. The witnesses of the accused are examined-in-chief and then they are cross-examined by the prosecutor. They may also be re-examined by the accused if something new comes up during their cross-examination.

7. Final arguments are heard from both the parties and a date is fixed for the pronouncement of the judgment. An accused has to be present before the court on the day of the pronouncement. The accused may be acquitted or convicted. Upon acquittal of the accused, the trial comes to an end and all sureties etc. are discharged. Upon conviction of the accused, arguments on quantum of sentence are heard and finally the sentence is pronounced and the trial comes to an end. Both the orders, of acquittal and conviction can be challenged in a higher court.

There are various other things which could take place during the trial for eg. addition of accused, re-calling of witnesses, calling additional witnesses, bail-jumping during trial, revision of orders etc.

Advocate Aveek Bose LawRato

300 votes

After a chargesheet is filed by the police in a criminal case, several legal procedures follow. Here is what typically happens after a chargesheet is submitted:

1. Cognizance by Court: Once the chargesheet is filed, the court reviews it to determine whether there is enough evidence to proceed with the trial. The court takes cognizance of the case based on the chargesheet.
2. Summons or Warrant: The court issues summons or arrest warrants, depending on the nature of the case and the accused's situation. Summons is a formal notice to appear in court, while a warrant authorizes the arrest of the accused.
3. Bail Hearing: If the accused is in custody, they may apply for bail. The court holds a bail hearing to decide whether the accused can be released on bail or should remain in custody during the trial.
4. Evidence and Witnesses: Both the prosecution and defense gather evidence, identify witnesses, and prepare their respective cases. Witness statements and evidence are presented during the trial.
5. Trial Proceedings: The trial begins with the framing of charges. The prosecution presents its case, followed by the defense. Cross-examination of witnesses and the presentation of evidence occur during the trial.
6. Judgment: After both sides present their cases, the court evaluates the evidence and arguments. The judge delivers a verdict, either convicting or acquitting the accused.
7. Sentencing: If the accused is convicted, a separate hearing may be held to determine the appropriate sentence.
8. Appeals: Either party has the right to appeal the court's decision if they are dissatisfied with the verdict. The case may then go to a higher court for review.

The chargesheet is a crucial document that outlines the allegations and evidence against the accused. It marks the beginning of formal legal proceedings in a criminal case. The subsequent steps in the process involve hearings, presentation of evidence, and the ultimate determination of guilt or innocence by the court.

Advocate Chikirsha Mohanty LawRato

150 votes

The Chargesheet is filed: Once the chargesheet has been prepared, the officer in charge of the police station sends it to the Magistrate who can then take note of the crimes mentioned.

Advocate Chikirsha Mohanty LawRato