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Dr Ramesh Yadav   22 November 2023

submission of charge sheet without Arrest of accused

Is it possible in an offence of Cheating, forgery, theft and conspiracy.
Can an investigation officer submit a charge sheet before the court without arresting the accused people.
Is it possible to submit a charge sheet without Arrest by Investigating officer.


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     22 November 2023

The underlying philosophy, however, has been missed – that the criminal procedural law just wishes to ensure that all evidence, including the chargesheet, should be taken on record by the court in the presence of the accused person. This philosophy is also embodied in other provisions of the CrPC such as section 273 which states that all evidence shall be taken by the court in the presence of the accused.

At this juncture, a laudable decision of the Supreme Court is noteworthy. In Siddharth v State of UP (2022) 1 SCC 676, the court held that "the word 'custody' appearing in Section 170 CrPC does not contemplate either police or judicial custody but it merely connotes the presentation of the accused by the investigating officer before the court while filing the chargesheet". Consequently, it stated that there is no need for any arrest of the accused while taking cognizance under section 170 of the code.

Now, in this background, let us consider the following remedies available to an accused person who has not been arrested during investigation, and chargesheet has been filed naming him as an accused, and such person fears being taken into custody by the court upon his appearance:

(a) Filing exemption from personal appearance u/s 205 of CrPC

(b) Filing anticipatory bail application u/s 438 of CrPC

(c) Furnishing bond u/s 88 of CrPC

(d) Appearing before the court and filing regular bail

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