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If police submit chargsheet delay.
07-Dec-2023 (In Criminal Law)
Hi sir i want to know that if police not filed the chargesheet in court within 90 days & police filed chargesheet after 90 days & police doesn’t told the court for late chargesheet causes. Then what we’ll take action or this cause make my case strong or not.
Hello dear client,
If your case is such that if the prescribed punishment is the Death penalty or life imprisonment or any other imprisonment not less than 10 years, then time for submitting the chargesheet is 90 days, failure to which will benefit only for his release from the jail as default bail. But accused has to file application for that in the court if he is in custody. If he does not file any such application then he will not get any benefit of such default bail and he will not be released from jail . If the person is not in custody then there is no difference if the police submits charge sheet within 90 days or after 90 days. The accused will not get any benefit. This benefit is only given to the accused because if he is in custody then the benefit of the accused that investigation should be completed within 90 days
If your case is such that if the prescribed punishment is the Death penalty or life imprisonment or any other imprisonment not less than 10 years, then time for submitting the chargesheet is 90 days, failure to which will benefit only for his release from the jail as default bail. But accused has to file application for that in the court if he is in custody. If he does not file any such application then he will not get any benefit of such default bail and he will not be released from jail . If the person is not in custody then there is no difference if the police submits charge sheet within 90 days or after 90 days. The accused will not get any benefit. This benefit is only given to the accused because if he is in custody then the benefit of the accused that investigation should be completed within 90 days
Helpful?
Adv. Hanee Azad
Hoshiarpur | 25+ Answers
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