Chargesheet is the final report submitted by a police officer to a Magistrate upon completion of an investigation, formally placing the accused for trial in a criminal case. Under Indian law, the chargesheet is governed by Section 173 of the Code of Criminal Procedure, 1973 (now Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023).
Legal definition
Section 173(2) of the Code of Criminal Procedure, 1973 prescribes the mandatory contents of a chargesheet:
Section 173(2) CrPC: As soon as [the investigation] is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating— (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether he has been released on his bond and, if so, whether with or without sureties; (g) whether he has been forwarded in custody under section 170.
The officer must also communicate the action taken to the original informant.
New law equivalent: Under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the chargesheet is governed by Section 193, which substantially mirrors Section 173 CrPC. A notable addition under Section 193(3) BNSS is the requirement to maintain a chain of custody for electronic evidence and seized property, reflecting modern evidentiary standards. Section 193(9) BNSS continues the provision for supplementary chargesheets through further investigation after the initial report.
How courts have interpreted this term
The Supreme Court has extensively interpreted the nature, scope, and mandatory requirements of the chargesheet.
Dablu Kujur v. State of Jharkhand [2024 INSC 197]
The Supreme Court held that chargesheets submitted to Magistrates must contain all necessary details as prescribed under Section 173(2) CrPC and directed officers in charge of every police station across the country to strictly comply with these mandatory requirements. The Court observed that the police report is a critical document for the prosecution, the defence, and the Court, and that non-compliance with Section 173(2) gives rise to serious legal issues during trial.
H.N. Rishbud v. State of Delhi [AIR 1955 SC 196]
The Supreme Court held that while an investigation conducted in violation of mandatory provisions is illegal, the illegality does not vitiate the subsequent trial unless miscarriage of justice has been caused thereby. This landmark decision established that procedural defects in the investigation do not automatically invalidate the cognizance taken by the Magistrate on a police report. However, the Court distinguished between investigation and cognizance, holding that the two processes operate independently.
Bhagwant Singh v. Commissioner of Police [(1985) 2 SCC 537]
The Court held that when a police officer submits a report under Section 173(2) stating that no case is made out (known as a "closure report" or "untraced report"), the Magistrate must give the complainant/informant an opportunity to be heard before accepting such report. This ensures that the informant's right to seek further investigation is protected.
Types of chargesheet
Indian criminal law recognises different forms of the police report under Section 173:
- Chargesheet (positive report): Filed when the investigation reveals sufficient evidence that an offence has been committed and names the accused for trial.
- Closure report / Final report (negative report): Filed when the investigation fails to establish commission of an offence, or the evidence is insufficient. Also called "referred charge sheet," "untraced report," or "cancellation report" in different states.
- Supplementary chargesheet: Filed under Section 173(8) CrPC (Section 193(9) BNSS) when further investigation after the initial chargesheet reveals additional evidence, new accused persons, or additional offences.
Why this matters
The chargesheet is the gateway between investigation and trial in Indian criminal proceedings. Its filing triggers the Magistrate's jurisdiction to take cognizance of the offence and commence judicial proceedings. For the accused, the chargesheet determines whether they will face trial and on what charges. For the complainant, it represents the outcome of the state's investigation into their grievance.
Understanding the timeline for filing a chargesheet is crucial. Under Section 167(2) CrPC (Section 187 BNSS), if the police fail to complete the investigation and file a chargesheet within 60 days (for offences carrying death, life imprisonment, or imprisonment of 10 years or more) or 90 days (for other offences), the accused acquires an indefeasible right to default bail. This is one of the most important safeguards against prolonged incarceration during investigation.
A common misunderstanding is that the filing of a chargesheet is equivalent to conviction. In fact, the chargesheet merely brings the accused to trial. The prosecution must still prove the charges beyond reasonable doubt during the trial process. Equally, the rejection of a closure report by the Magistrate does not mean the accused is guilty — it means the Magistrate believes there is sufficient material to proceed further, which may include directing further investigation.
Related terms
Precedes the chargesheet:
Follows the chargesheet:
Related remedies:
Frequently asked questions
What is the difference between an FIR and a chargesheet?
An FIR (First Information Report) is the document that initiates the criminal process — it is the first report of a cognizable offence recorded by the police under Section 154 CrPC (Section 173 BNSS). A chargesheet is the final report filed after the investigation is completed, presenting the evidence and naming the accused for trial. The FIR starts the investigation; the chargesheet concludes it.
What is the time limit for filing a chargesheet in India?
The investigation must be completed and the chargesheet filed within 60 days for offences punishable with death, life imprisonment, or imprisonment of 10 years or more, and within 90 days for other offences (Section 167(2) CrPC / Section 187 BNSS). Failure to file within this period entitles the accused to default bail as a matter of right.
Can a chargesheet be filed against someone who has not been arrested?
Yes. Section 170 CrPC (Section 192 BNSS) requires forwarding the accused in custody if arrested, but Section 173 allows filing the chargesheet even if the accused has been released on bail or has not been arrested. The chargesheet must indicate the arrest status of each accused person.
What happens if the police file a closure report instead of a chargesheet?
If the police investigation concludes that no offence was committed or insufficient evidence exists, the police file a closure report (also called "untraced" or "cancellation" report). The Magistrate must then give the complainant an opportunity to be heard (Bhagwant Singh v. Commissioner of Police, 1985). The Magistrate may accept the closure report, reject it and direct further investigation, or take cognizance independently based on the material on record.
Can a chargesheet be quashed?
Yes. Under Section 482 CrPC (Section 528 BNSS), the High Court can quash a chargesheet if it finds that the material does not disclose any offence, the prosecution is frivolous or vexatious, or continuing the proceedings would amount to an abuse of the process of court. The Supreme Court's guidelines in State of Haryana v. Bhajan Lal (1992) enumerate the specific grounds on which quashing may be sought.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.