Context:
The Supreme Court has made a decision about charge sheets in criminal cases and their availability to the public.
- This ruling has been met with mixed reactions and has implications for those pushing for greater transparency in the criminal justice system.
| Probable Question:
Examine the implications of the Supreme Court’s recent ruling about charge sheets in criminal cases and their availability to the public. |
Contradiction with Previous Order:
- The Supreme Court previously ruled that First Information Reports (FIRs) should be made available on the relevant agency’s website within 24 hours of registration.
- However, the latest ruling stated that charge sheets (i.e., the Final Report specified by the Code of Criminal Procedure 1973) cannot be considered as public documents and cannot be shared with anyone other than the accused and the victim.
- This is because a charge sheet is a comprehensive account of the crime and contains important information that could harm the accused or victim if made public too soon.
Changing Times:
- In the past, the judicial system was very confidential and protected from criticism.
- Nowadays, judges are open to criticism and even personal details can be subject to public debate.
- The Supreme Court’s decision to keep charge sheets private may not be supported by those pushing for greater transparency in the judicial system.
Advocating for Transparency:
- Some believe that sharing a charge sheet with the public, even before the trial begins, is necessary for public interest.
- This would allow for outside scrutiny of the investigation and prevent malicious or biased prosecutions.
- Making the charge sheet available to the public could also improve the quality of investigations and reduce false prosecutions.
Lost Opportunity:
- The Supreme Court’s ruling is a reminder for investigating agencies to improve their work and avoid delays in filing charge sheets.
- If the public had access to charge sheets, it could prevent poorly framed cases and improve the criminal justice system as a whole.
| Additional Information:
About Chargesheet:
- A chargesheet, as defined under Section 173 CrPC, is the final report prepared by a police officer after completing their investigation of a case.
- It contains details of names, the nature of the information, and offenses.
- A charge sheet must be filed against the accused within a prescribed period of 60-90 days, otherwise the arrest is illegal and the accused is entitled to bail.
- A chargesheet is filed by the police or law-enforcement/ investigative agency only after they have gathered sufficient evidence against the accused.
|
| Chargesheet |
First Information Report |
- The term ‘chargesheet’ has been expressly defined under Section 173 of the CrPC
|
- FIR, has not been defined in either the Indian Penal Code (IPC) or the CrPC.
- It finds a place under the police regulations/ rules under Section 154 of CrPC.
|
- The chargesheet is the final report filed towards the end of an investigation.
|
- An FIR is filed at the ‘first’ instance’ that the police is informed of a cognizable offense or offence for which one can be arrested without a warrant such as rape, murder, kidnapping.
|
- A chargesheet is complete with evidence and is often used during the trial to prove the offences the accused is charged with.
|
- An FIR does not decide a person’s guilt.
|
News Source: The Hindu
4 Feb 2023
