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Writer's pictureLead India
May 29, 20234 min read

What Is The Difference Between Fir And Chargesheet ?

The article explains a few important points of difference between a FIR and Charge Sheet. For proper information on the subject you are advised to seek the legal opinion of an experienced criminal lawyers in Prayagraj or a criminal lawyers in Varanasi or your own city.

What is First Information Report?

Any information which is recorded by an on-duty officer which has been provided by an aggrieved person or some other person either in writing or complaint made orally regarding the commission of some Cognizable Offence. On the basis of information provided the investigation of the offence committed would be initiated. F.I.R could also be registered by the Judicial Magistrate by providing the direction to the concerned jurisdictional area of the Police Station.

Section 154: Information of the cognizable cases

  • Every information in relation to the commission of a cognizable offence, when provided orally to an officer in charge of a police station, is required to be reduced to writing by him or some officer under his direction; and every such information, in writing or which is reduced to writing as has been mentioned above must be signed by the person providing such information, and the matter thereof will be entered in a book to be kept by such officer in the form as has been prescribed by the State Government.

  • A copy of the information which has been recorded must be given forthwith, free of cost, to the informant.

  • If the officer in charge denies recording such a statement, the aggrieved party may send the content of such information, in writing and by mail, to the concerned Superintendent of Police. If the Superintendent of Police is satisfied that the information explains the commission of a cognizable offence, he will either conduct his own investigation or can order an investigation to be conducted by any police officer who is under his command, in accordance with the procedure specified by the Code.

Who can File F.I.R:

  • The aggrieved party itself, or

  • family members or the friend of the aggrieved, or

  • Any other person who witnessed the offence himself, or

  • The person who has himself committed the offence, or

  • Some police officer, or

  • A third person who has come to know about such an offence.

To constitute a F.I.R. as per Section 154 of the Cr.P.C two conditions shall be fulfilled:

  • The information conveyed by the victim must be information only;

  • That the information provided must be related to the commission of a Cognizable Offence only.

Hence, F.I.R is the initial stage where the information regarding the offence is mentioned. The Madhya Pradesh High Court made the following observation when it reached a decision in a case: "The report of the crime which persuades the police machinery to initiate the investigation is F.I.R. Though subsequent reports are written; they shall not come under the S.161 and hence, do not constitute the same.

Evidentiary value of the F.I.R:

  • F.I.R could not be substantive evidence.

  • It could be used as corroborative or contradictory evidence instead.

  • F.I.R. could be used as a dying declaration though.

  • F.I.R contains necessary information.

Necessary Steps to be Taken When Fir Is Not Registered

  • The aggrieved person can meet the Superintendent of Police or other higher officers such as Deputy Inspector General of Police and Inspector General of Police and bring your complaint to their notice.

  • Your complaint could be sent in writing and by post to the concerned Superintendent of Police. In case the Superintendent of police is satisfied with your complaint, he will investigate the case himself or will order an investigation to be initiated.

  • A private complaint could also be filed before the court having jurisdiction.

  • The aggrieved party can also file a complaint to the State Human Rights Commission or with the National Human Rights Commission in case the police is not doing anything to enforce the law or investigate

What Is Charge Sheet?

Formal police record showing the names of every person brought into custody, the nature of the accusation as well as the identity of the accusers. Also called as four-part charging instrument, charge sheet contains:

  • Accused and the witnesses- their information;

  • the charges filed as well as their specifications;

  • preferring of charges as well as their referral to a summary;

  • trial record.

A charge sheet is different from a First Information Report (FIR), it is a core document describing a crime which has been committed. Once a charge sheet has been submitted to the respective court of law, prosecution proceedings would begin against the accused. For further information on the subject, you are advised to seek legal guidance from experienced criminal lawyers in Navi Mumbai or your own city.

Section 173- Report of police officer on completion of investigation

Every investigation falling under this Chapter is required to be completed without unnecessary delay.

(i) As soon as the investigation is completed, the officer in charge of the police station will then forward it to the respective Magistrate empowered to take cognizance of the offence mentioned in a police report, a report which is required to be in the form prescribed by the State Government, including-

  • names of the parties;

  • the nature of the information provided;

  • the names of the persons who seem to be related to the circumstances of the case;

  • If any offence seems to have been committed and, if so, by whom;

  • if the accused has been arrested;

  • If the accused has been released on a bond and, if so, whether releases with or without sureties;

  • If the accused has been forwarded in the custody under section 170.

(ii) The officer in charge is required to inform the person who filed the complaint, the action taken by him.

Is There Any Time Bar For Filing Charge-Sheets?

The time required to file the charge sheet is related to arrest of the accused in the case. The charge sheet shall be filed within 60 days from the date the accused was arrested in such cases which are triable by lower courts and 90 days in cases which are triable by Court of Sessions.

Lead India offers you a team of experienced advocates who have been successfully assisting with civil as well as criminal matters. In case you wish to talk to a lawyer or seek free legal advice, you may contact us.


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