Chargesheet related queries

(1) Answer to question 1: Sub-section (5) of Section 173 Cr.P.C. lays down the answer to this question as under:

“(5) When such report is in respect of a case to which Section 170 applies, the police officer shall forward to the Magistrate along with the report—

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under Section 161 of all the persons whom the prosecution proposes to examine as its witnesses.”

Therefore, the chargesheet is required to be accompanied by the above documents and statements.

(2) Answer to question 2: Yes.

Please also see Section 311 of Cr.P.C. which lays down as under:

“311. Power to summon material witness, or examine person present.— Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re-examine any person already examined; and the Court shall summon and examine or recall and re-examine any such person if his evidence appears to it to be essential to the just decision of the case.”

Therefore, any new witness can be examined by the court at the request of prosecution (or even on the request of the accused, or on court’s own motion).

(3) Answer to question 3: No.

Before the filing of the charge sheet, investigation is conducted by the police and the role of the public prosecutor is very limited at that stage (such as for bail applications, or any other court applications). Role of PP starts mainly after the charge sheet is filed.

@Ashok Sir 

Thanks for the replies. 

As far as what i understood from your queries

1) to file a chargesheet, police just need to have a prima facie evidence. 

2) Along with material Witness, New material evidence i.e files, video, audio evidence can also be asked to submit during any process of trial. 

3) PP has role after chargesheet filing?

This query has been answered many times, but the answers are little different from post to post. 

-> Can complainant ask for his/her own lawyer to takeup and deal the whole case... ?

Your 1^st conclusion is correct, i.e., only a prima facie case is needed to file a charge-sheet.

With regard to your 2^nd conclusion, I may state that fresh material (as mentioned by you) can be filed in the court during trial with the permission of the court. Moreover, after filing of the charge-sheet, the police can conduct further investigation under the provisions of Section 173(8) of the Cr.P.C., wherein fresh material can be collected.

Your 3^rd conclusion is correct, i.e., the role of the public prosecutor basically starts after filing of the charge-sheet, though as mentioned by me earlier, before filing of the charge-sheet he may be involved in bail matters and other miscellaneous matters connected with the case (such as return of property seized, for example) that are filed in the court during the stage of the investigation.

With regard to your query as to whether the complainant can ask his own lawyer to conduct the full case, it may be stated that if it is a “private complaint” case, it can be done. However, if the case has been instituted on the basis of the charge-sheet filed by the police, as a general rule, the trial can be conducted by the public prosecutor or the assistant public prosecutor in charge of the case. But, there are some limited exceptions to this general rule. Sections 301 and 302 of Cr.P.C. are relevant in this regard, which are reproduced as under:

“301. Appearance by Public Prosecutors.—(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.

(2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.

302. Permission to conduct prosecution.—(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission:

Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.

(2) Any person conducting the prosecution may do so personally or by a pleader.”

In the above sections, I have highlighted the portions that are relevant to your query.

@Ashok Sir: 

Thank you very much for a very detailed explanation. The way the sections state for query 3 is little vague.

Could you plz confirm if my understanding is correct. If its not a private complaint i.e a complaint registered at police station,

they according to 301 section

PP has to plead to let someone else contest on his behalf in his presence. Could be like to assist. 

according to 302

prosecution can be done by either the complainant or his/her pleader <But not by the IO>

Thank you sir.

Thanks for Shri. Ashok sir for giving such a valuable information to us,

MAny Thanks,

Regards