There is a long drawn out process of arguments on charges then framing of charges, examination of prosecution witnesses, and statement of accused under section 313 of CrPC. After that defence witness and then the final argument. And the order of conviction or acquittal is passed.
In this article, you will get to know what is police charge sheet, how it is made in an 498A case and what can you do after that.
What is a charge sheet?
When police register a criminal complaint against you, that is an FIR. Once the FIR is registered, the Station House Officer allocate the case to the Investigation Officer. IO investigates and collects the material objects, witnesses, and their statements and all these are bundled under a report, called the charge sheet.
The charge sheet is filed in court under Section 173 of the CrPC. The accused will get a copy of the charge sheet free of cost under Section 207 of the CrPC.
What happens after the charge sheet is filed in the 498A cases?
1. The accused is summoned
Once a charge sheet is filed, the accused is summoned. Magistrate or the Judge, whosoever received the charge sheet filed by the police, checks the evidence, checks the complaint, FIR, Investigation procedure, etc.
And then comes to the conclusion that there is a case, and the accused is need to be summoned. The accused need to get bail at the time of filing the charge sheet.
2. Arguments on the charge sheet
The arguments are done to ascertain if the charge sheet and the allegations against the accused are right or not.
The defence advocate argues upon if particular sections are needed to be removed from the charge sheet. After this, the Court orders on the basis of arguments.
3. Framing of charges
When the accused has scrutinized the charge sheet, the Court frames the charges against the accused. It means what crimes are charged against the accused.
3. Prosecution evidence
The charges framed by the Court, are the formal charges. Now, there will be evidence on the charges framed. Evidence will be given by such witnesses whose names were enlisted with the charge sheet.
4. Cross-examination
Defense can cross-examine the witness of the prosecution to prove that the allegation is false or due to some type of misunderstanding.
5. Statement under 313 CrPC
When all the witnesses are examined, the statement of the accused is taken under section 323 of the CrPC. under which the accused can reply to the false allegations.
6. Defence evidence
The accused is given chance. But it’s a rare thing in the 498A case that defence evidence is given.
7. Final arguments
After all the evidence, the final arguments are done. The prosecution proceeds first, that such evidence and documents are given. Such allegations are proved, etc.
After prosecution arguments, the defence counsel does the arguments in defence of the accused.
8. Judgement
After hearing and considering both the parties and evidence, Court gives its judgement either of acquittal or conviction.
FAQS | Frequently Asked Questions
The charge sheet is to be filed in 60/90/120 days. Since punishment under 498A is for 3 years, the time for filing the charge sheet is 60-90 days. As it is a family matter, police sometimes delay filing the charge sheet, to ensure the chances of settlement.
When you get the charge sheet under section 207 of the CrPC, and you think that you have the evidence against the points mentioned in the charge sheet, and in your defence. In such a case, you can definitely file for quashing the FIR under Section 482 CrPC.
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