Know about difference between FIR and a charge sheet?

	FIR	Charge Sheet
Definition	The FIR is the initial complaint or report lodged with the police by the victim, a witness, or any other person with knowledge of the offense. It sets the criminal justice machinery in motion.	The charge sheet is a detailed report prepared by the investigating officer after completing the investigation into the reported offense.
Purpose	It is filed to inform the police about the occurrence of a cognizable offense and to initiate the investigation.	It serves as the basis for initiating legal proceedings against the accused. It includes evidence, statements of witnesses, and a summary of the investigation.
Time	Filed immediately or soon after the commission of the offense.	Filed after the investigation is complete, and the police believe they have gathered sufficient evidence to proceed against the accused.
Charges	Contains details about the offense, the names of the accused (if known), the date, time, and place of the offense, and the identity of the complainant.	Includes a summary of the evidence, statements of witnesses, a list of charges framed against the accused, and other relevant details.
	An FIR was lodged due to some unlawful or cognizable cases that happened	After the end of the investigation charge sheet can be made by the police
	FIR is the beginning of the investigation	The charge sheet is prepared after the FIR and charges the accused with those crimes.
	FIR must be registered promptly and without wasting time	Where the accused has been arrested, police in such cases submit the charge sheet in a prescribed period
	FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense	After the end of the investigation charge sheet can make by the police

What is First Information Report (FIR)?

The phrase ‘FIR’ is not explicitly defined in the Criminal Procedure Code, 1973 (CrPC). However, according to Section 154(1) of the CrPC, any information related to a cognizable offense is required to be officially recorded by the officer in charge of the police station, and this record is commonly referred to as the FIR. Typically, it is a complaint registered with the police by the victim of a cognizable offense or by a representative acting on behalf of the victim. The FIR must be filed promptly, and any delay in reporting must be adequately justified. The police officer is obligated to furnish a complimentary copy of the FIR to the individual making the complaint.

What is a cognizable offense?

You might be curious about the term “cognizable offense”; let’s delve into its definition. A cognizable offense is one where law enforcement has the authority to arrest an individual without the need for a warrant. The investigation into such offenses can be initiated without seeking permission from a Magistrate. As per Section 2(c) of the CrPC, any offense listed in the first schedule empowers a police officer to arrest the perpetrator based on the information received, without requiring a warrant. Serious crimes such as rape, dowry death, dowry-related offenses, murder, kidnapping, etc., fall under the category of cognizable offenses.

Know the Difference Between Contempt of Court and Perjury

Knowing guardianship under The Hindu Law and judicial precedents

Case laws

In the case of Lalita Kumari v. State of U.P.,

– It was observed by the Apex Court that “The police officer cannot avoid his duty of registering offense if the cognizable offense is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offense.”

In the case of State of Andhra Pradesh v. Punati Ramulu

– The Supreme Court of India had made an observation and stated that “It was certainly a dereliction of duty on the part of the constable because any lack of territorial jurisdiction could not have prevented the constable from recording information about the cognizable offense and forwarding the same to the police station having jurisdiction over the area in which the crime was said to have been committed.”

Who can lodge an FIR?

It can be filed by anyone aware that a cognizable offense has been committed. Therefore, it is not obligatory for only the victim or the aggrieved party to submit an FIR for a crime. This document holds significant importance as it initiates the criminal justice process, and the investigation of the case commences only after the FIR is registered at the police station.

What is the concept of Zero FIR?

A complaint can be registered at any police station, regardless of its jurisdiction; however, the investigation will be conducted by the police in the area where the incident occurred, as specified in the FIR report. The concept of a zero FIR ensures that the integrity of the legal process is preserved. This is particularly crucial when victims or other aggrieved parties are unable to locate the correct police station to file their complaint. Zero FIR upholds the accuracy and seriousness of the report.

What is the procedure for filing the FIR?

The individual can visit the police station, where they must meet with the officer-in-charge and provide a detailed account of the entire incident. The information provided must be documented by the police officer. The person filing the FIR has the right to receive a free copy of it. After the information is recorded by the police, it must be signed by the person providing the information. If the individual is unable to read or write, they must place their left thumb impression on the documented record.

Section 173 of the CrPC addresses the process by which the investigating officer submits a charge sheet after completing the collection of evidence and examination of witnesses. Section 173(2) of the CrPC outlines the specific contents that must be included in the charge sheet:

Names of both parties;
Nature of the offense;
Names of the persons who appear to be acquainted with the circumstance of the case;
An offense committed by the accused;
The arrest of the accused person;
Whether the accused was released on bond;
Whether the accused was sent in custody u/s 170;
The officer has to communicate the action taken by him, to the person, if any, by whom the information relating to the commission of the offense was first given.

If the Magistrate is dissatisfied with the charge sheet submitted by the police, they have the authority to order additional investigation. Under Section 178(2) of the CrPC, the police can conduct further investigations in such cases.

What to do if FIR is not registered by police?

If the police decline to register the FIR, you have the option to directly approach the Superintendent of Police (SP) or other higher-ranking police officers. Upon assessing the seriousness of the matter, the SP has the authority to either conduct the investigation personally or instruct an inquiry into the case.

Not to do’s in FIR

false information, it can mislead the case and the investigation
Distort or false information

Charge sheet

It is a comprehensive investigative report compiled by a police officer upon concluding the inquiry based on the FIR. The charge sheet is then presented to the relevant Magistrate by the investigating police. Following the submission of the charge sheet, the court assesses whether a prima facie case exists against the accused and proceeds with the trial. The timeline for preparing the charge sheet after the FIR when the accused is in jail is:

90 days, where the investigation relates to an offense punishable with date, imprisonment for life, or imprisonment for a term of not less than ten years;
60 days, where the investigation relates to any other offense.

Does the charge sheet encompass the conclusions drawn from the police’s investigative efforts?

Certainly. The police officer is required to support all statements made in the charge sheet with evidence within the legally stipulated time frame. Various laws have different deadlines for the submission of the charge sheet.

The reasons for nullifying the charge sheet are outlined as follows:

When the merits of an FIR filed by the plaintiff against the accused cannot be proved in court.
When the FIR is filled with false allegations and the court is satisfied with the findings of the case that the motive of filing a false was to fulfill one’s revenge or for disturbing the life of the accused or for defaming him.
When an FIR does not fall under the ambit of the cognizable offense and the office in a charge filed an FIR without taking permission of the Magistrate according to Section 155 of the CrPC.
The charge sheet under which summon is ordered by the court finds out that the provision under which a person is charged is not liable under it.

“We are of the considered opinion that the prosecution of the Appellant for the commission of the alleged offenses would be a clear abuse of the process of law. The FIR under the circumstances deserves to be quashed at the threshold.”
The High Court while quashing the charge sheet stated in Joseph Selvaraj A. v. State of Gujarat & Ors.

court has observed that “A distinction must be made between a civil wrong and a criminal wrong. When a dispute between the parties constitutes only a civil wrong and not a criminal wrong, the courts would not permit a person to be harassed although no case for taking cognizance of the offense has been made out.”
While clarifying the motive of quashing the charge sheet the court held in Devendra v. The State of U.P

Conclusion

An FIR and a charge sheet are vital documents in the progression of legal action against an accused. While the legal system ensures protection for those wrongly accused, it also safeguards against the misuse of court proceedings for harassment or persecution. In cases where an FIR is filed with the intent to harass another party for personal gain, the Court may consider it an abuse of the legal process.