Difference between FIR and Chargesheet

FIR and Chargesheet have a significant impact on a criminal case, the chargesheet and the FIR differ significantly in some important ways. When there is substantial evidence to support the accusation that the accused committed a crime, the police will ultimately file a charge sheet. Because of this, the police receive complaints and information on criminal incidents and crimes, which are then used to produce the First Information Report (FIR).

What is FIR?

An FIR is a report of information filed by a person who feels wronged and recorded by an officer who is on duty. A formal complaint (FIR) must be filed right away, and any delay must be explained. As stated otherwise, a First Information Report (FIR) refers to a complaint that has been made to the police about a cognizable offense by the victim or any other individual. The investigation is launched based on the data that the harmed party has submitted. In addition, the police officer is required to give the person making the complaint a free copy of the FIR. Additionally, the judicial magistrate may lodge the FIR by directing the appropriate police station jurisdictional area. The FIR is the most significant document because it initiates the criminal justice system. For an FIR to be considered, two requirements must be fulfilled. Firstly, the victim’s account of the offense must be limited to information, and secondly, only information pertaining to the commission of crimes that are legally recognized may be disclosed.

Key Features of FIR:

• The initial piece of information about the offense that a police officer on duty enters into the database is the FIR.
• The term “FIR” is not defined in the 1973 Code of Criminal Procedure. However, Section 154(1) of the CrPC mandates that the person in charge of the station record the information a victim provides regarding any cognizable offense. This document is known as a FIR.
• A FIR does not establish the accused’s guilt.
• Anybody who describes the offense as a FIR must have their account recorded by the police right away, including the victim.

What is Chargesheet?

When the officer in charge of the police station prepares the chargesheet against the accused, a police officer or the investigating officer drafts a chargesheet, which is a comprehensive inquiry report. Following that, he or she needs to send it to the magistrate within the allotted time frame of sixty to ninety days. For the purpose of filing charges, the magistrate is able to take cognizance of the offense mentioned in it. The information on a charge sheet includes particulars, such as: name of the parties, names of the parties who appear to be aware of the case’s circumstances, information’s nature and criminal activity, whether the person charged with the offense is in police custody, is under arrest, or has been freed on bond, and Whether any action has been taken by the police or not.

Key Features of Chargesheet:

• A charge sheet is a written record that includes every allegation and offense found throughout the inquiry, including the evidence.
• The CrPC’s section 173 defines the chargesheet.
• As the investigating officer submits the chargesheet at the conclusion of the inquiry it is the final report.
• The chargesheet needs to be filed within the allotted time frame.

Difference between FIR and Chargesheet

Basis	FIR	Chargesheet
Definintion	An initial report on a cognizable offense is contained in a written document called a formal complaint (FIR) that is submitted to a police station.	Once the investigation of a cognizable offense concludes, the investigating officer submits the chargesheet, which serves as the ultimate police report, to the magistrate.
Legal Provisions	Section 154 of the Code of Criminal Procedure addresses FIR.	Section 173 of the Code of Criminal Procedure addresses charge sheets.
Time	FIR must be made as soon as a crime that is subject to prosecution is committed.	As soon as the investigation is concluded, a charge sheet must be written and sent to the magistrate.
Who Can File	An FIR can be filed by the victim, the victim’s family, or anybody else who knows that a cognizable offence has been committed.	The charge sheet can only be prepared by the investigating officer.
Admissibility	An accused person cannot be found guilty based only on the FIR.	The charge sheet is merely the investigating officer’s judgment and cannot be regarded as meaningful evidence.
Jurisdiction	An informant about a crime that is punishable by law, may register a police report in any station with the help of Zero FIR.	Only the investigating officer of a police station with jurisdiction over the crime in question should draft the charge sheet.
Multiple Reports	It is forbidden to file a second FIR since doing so could violate the accused’s fundamental rights and be against the law.	Even after a charge sheet has been forwarded, the magistrate may still receive an extra police report.

Conclusion

All things considered, the FIR is the initial phase of information gathering. This indicates that the inquiry starts when a formal complaint is filed with the police station officer. On the other hand, the police draft the chargesheet and file charges against the accused after the investigation is complete.

FIR and Chargesheet- FAQs

Is charge sheet a final report?

Indeed, in accordance with Section 173(2) of the CrPC, a charge sheet is nothing more than the police officer’s final report.

What occurs following the filing of a FIR?

Following the filing of a First Information Report (FIR), the police initiate an investigation. Should they find enough evidence, they register a case and take the accused into custody.

Can the police take a name off the charge sheet?

Police have the right to expunge the name(s) of any accused parties or not include their names in the charge sheet if there is inadequate evidence against any of the accused parties.

Can you file a FIR online?

Depending on the jurisdiction, several Indian states now allow FIRs to be filed online, while others still demand that they be submitted in person at a police station.

What occurs if no formal complaint is filed?

The police won’t have a record of the occurrence if a FIR is not filed, making it more difficult for them to look into it or pursue legal action.

Note: The information provided is sourced from various websites and collected data; if discrepancies are identified, kindly reach out to us through comments for prompt correction.