What Can A Lawyer Do If Charge Sheet Is Filed On Friday Evening?

A charge-sheet is used to inform a person that they are the subject of criminal charges. The individual against whom the charge-sheet has been filed becomes known as an accused after the charge-sheet has been filed.

Criminal procedures begin when the charge sheet is submitted to the magistrate. The charge-sheet is presented to the magistrate with jurisdiction over the case by the officer in charge of the police station that is conducting the investigation.

A crime cannot be recognised by the magistrate prior to the submission of a charge-sheet. It was noted in R.R. Chari v. State of U.P. that taking cognizance refers to applying one's judicial thinking in front of the court. This means that the Magistrate cannot decide whether the accused is guilty or not before the charge-sheet is submitted.

The investigation agency must submit their final report pursuant to Section 173 within 60 days in cases where the offense is punishable by a term of imprisonment of less than 10 years, and within 90 days from the date the FIR was filed in cases where the offense is punishable by a term of imprisonment of more than 10 years, life in prison, or the death penalty.

What a charge-sheet contains

According to Section 173 (2), a charge-sheet must include the following information: the parties; the nature of the information; the names of those who appear to be familiar with the facts of the case; whether an offense appears to have been committed and, if so, by whom; whether the accused has been arrested; whether he has been released on bond and, if so, whether with or without sureties; and whether he has been charged.

As previously indicated, a charge-sheet is typically submitted as a final report following the conclusion of the inquiry. Unfortunately, this was causing issues because the police frequently discovered new evidence after filing the charge-sheet, but the judges were hesitant to accept it once they took the case under consideration. As a result, it was decided that Section 173 (8) needed to be changed, allowing the investigating agency to file a new investigation.

Steps after filing charge sheet:

• Following the filing of the charge sheet, the court applies its judgment to the evidence in front of it and, upon finding that a prima-facie case has been established, the court takes cognizance of the offenses listed in the charge sheet. If the records that are before the court show the commission of any other offense that isn't listed in the charge-sheet, the court may additionally declare those extra offenses to have occurred.

• Thereafter, arguments are heard "on charge." The accused pleads for "discharge" and provides arguments as to why there is no basis for charging him with a crime at all or under a specific section. The prosecution makes an argument for why there is enough prima-facie evidence and strong suspicion to warrant the accused's trial for a specific offense. After then, the Court either exonerates the accused through a justified order or files charges against him or her.

• All of the witnesses for the prosecution undergo a thorough examination before being subjected to the accused's cross-examination.

• The accused is examined after the prosecution has finished presenting its case. The accused is questioned based on the entirety of the prosecution's case-supporting evidence to see what he has to say about it.

• Both sides present their closing arguments, and a date is set for the verdict to be issued. On the day the verdict is announced, the accused must appear before the court. The defendant can be found not guilty or guilty. When the accused is found not guilty, the trial is over, and all sureties and other obligations are released. Following the accused's conviction, arguments on the sentence's length are heard before the sentence is finally delivered and the case is concluded. Both conviction and acquittal rulings may be appealed to a higher court.

Top 10 lawyers in Delhi can also be searched if the charge sheet has been filed in Delhi. If the charge sheet has been filed in Jaipur then top 10 lawyers in Jaipur can be searched. Moreover, top 10 lawyers in Bangalore can be searched if the charge sheet has been filed in Bangalore.

To address the issue, Lead India provides a variety of knowledge, legal services, and free legal advice online. To get the best guidance in this case, ask a legal question for free online and talk to a lawyer.

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