Difference Between Charge Sheet and FIR
1. First Information Report (FIR)
Definition
An FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense.
It is the first step in the criminal process.
Legal basis: Section 154 of the Code of Criminal Procedure, 1973 (CrPC).
Key Features
Initiation of Investigation:
FIR initiates the criminal investigation by the police.
Filed By:
Any person who has knowledge of the offense (informant) can file the FIR.
Purpose:
To inform the police about a cognizable offense so that investigation can start immediately.
Timing:
Should be filed as soon as possible after the commission of the offense.
Cognizable Offense Requirement:
FIR is mandatory for cognizable offenses (police can register FIR and start investigation without prior approval of magistrate).
Not a Conclusive Proof:
FIR is not evidence of the guilt of the accused; it is only a report of information received.
Relevant Case Law
Lalita Kumari vs Government of UP (2014) 2 SCC 1:
Supreme Court held that registration of FIR is mandatory in cognizable offenses and must be done immediately upon receipt of information.
State of Haryana v. Bhajan Lal (1992 Supp 1 SCC 335):
FIR must be based on credible information; it cannot be frivolous or malicious.
2. Charge Sheet
Definition
A Charge Sheet is a formal document submitted by the police to the magistrate after completing investigation, which details the evidence collected and the charges proposed against the accused.
Legal basis: Section 173 of the CrPC.
Key Features
Completion of Investigation:
A charge sheet is filed after the police investigation is complete.
Filed By:
Only the investigating officer can file a charge sheet.
Purpose:
To submit evidence to the magistrate and request trial against the accused.
Contents:
Details of the accused, offense committed, evidence collected, and witness statements.
Not Mandatory for Cognizable Offenses:
Filing a charge sheet is mandatory once investigation is complete for cognizable offenses (Sec. 173 CrPC).
Judicial Action:
On receiving a charge sheet, the magistrate may take cognizance of the offense and frame charges against the accused under Section 190 CrPC.
Relevant Case Law
Kartar Singh v. State of Punjab (1994) 3 SCC 569:
The charge sheet must contain sufficient material for the magistrate to take cognizance of the offense.
State of U.P. v. Rajesh Gautam (2003) 4 SCC 700:
Emphasized that charge sheet is the basis for judicial proceedings and trial cannot start without it.
3. Difference Between FIR and Charge Sheet
| Feature | FIR | Charge Sheet |
|---|---|---|
| Definition | First report of a cognizable offense to the police | Formal report after investigation, detailing charges against the accused |
| Legal Provision | Section 154 CrPC | Section 173 CrPC |
| Purpose | To inform police about the crime and start investigation | To submit evidence and request judicial trial |
| Filed By | Informant or victim | Investigating officer / police |
| Time of Filing | Immediately after knowledge of offense | After completion of investigation |
| Content | Basic details: place, time, nature of offense, identity of accused (if known) | Detailed investigation report: evidence, witnesses, charges proposed |
| Judicial Action | FIR alone does not start trial; only investigation | Magistrate takes cognizance and trial can begin |
| Mandatory? | Mandatory for cognizable offenses | Mandatory after investigation for cognizable offenses |
| Proof Value | Not proof of guilt | Basis for trial; leads to framing of charges |
4. Summary
FIR: First step; reports the crime; triggers investigation.
Charge Sheet: Final investigative report; lays the foundation for trial; contains evidence.
Key Takeaway:
FIR = “Notification of crime”
Charge Sheet = “Police presents evidence and charges for trial”
RELATED Blog
0 comments