WHAT is the time limit to file a chargesheet?


Section 173 Police officer’s report on the conclusion of the inquiry
Every inquiry conducted under this Chapter must be completed as soon as possible.
I As soon as it is finished, the officer in charge of the police station should transmit a report in the form prescribed by the State Government to a Magistrate authorised to take cognizance of the offence on a police report, stating-

a. the parties’ names; b. the substance of the information; c. the names of the people who appear to be familiar with the case’s facts; d. whether any crime appears to have been committed and, if so, by whom; e. whether the accused has been apprehended;

f. if he was released on his bond and, if so, with or without sureties; g. whether he was conveyed in custody under section 170.
(ii) The officer should also convey the action taken by him to the person, if any, to whom the information related to the commission of the offence was initially supplied, in the manner stipulated by the State Government.

Is there a deadline for submitting a charge-sheet?
The deadline for filing a charge sheet is linked to the arrest of the defendant in the case.The deadline for filing a charge sheet is linked to the arrest of the defendant in the case. In instances triable by lower courts, the charge sheet must be filed within 60 days of the accused’s arrest, and in situations triable by the Court of Sessions, it must be filed within 90 days.

For example, suppose a FIR is filed against a person A. However, it took months, if not years, to track down and apprehend that individual for murder. After a couple of months of unsuccessful attempts to locate the accused, the inquiry was concluded. His name is preserved on the Register of Wanted Accused Persons. Let’s say he’s tracked down and arrested two years after the FIR was filed.Then there’s the matter of the time restriction. As the situation may be, a charge sheet must be filed as described above.

What Happens If A Charge Sheet Isn’t Filed Within The Allotted Time Frame?
In the case of Rakesh Kumar Paul[4], where the accused was charged with an offence under Section 13(1) of the Prevention of Corruption Act, punishable by imprisonment for a term of not less than four years but not more than ten years, the State argued that because the petitioner could face a term of imprisonment of up to ten years, the date for applying for default bail would begin when the 90-day period expired.

Reference: Under Section 157 of the Code of Criminal Procedure. – – AHG68 – 202100581 – 33 – 22 – 202100135202100425428


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