Charge Sheet in India: Meaning, Section 173 CrPC / BNSS and What Happens Next (2026)
What a charge sheet is, how it differs from an FIR, the 60 and 90 day limit, and what the court does once it is filed, under Section 173 CrPC and Section 193 BNSS.
Explainer · Criminal Procedure
A person hears that the police have “filed a charge sheet” and is not sure whether that means guilt, a trial, or just paperwork. The confusion is common, even among new lawyers and clients, because the word is used loosely in news and in court. A charge sheet is the document the police file in court after investigation, stating they have evidence to prosecute the accused, under Section 173 CrPC (now Section 193 of the BNSS 2023). It must be filed within 60 or 90 days of arrest, or the accused gets default bail. This page explains each part in simple terms.
- What it is: the police final report filed in court after investigation, under Section 173 CrPC (Section 193 BNSS).
- Time limit: 60 or 90 days for an accused in custody, or default bail applies.
- Not a verdict: it is the police view that evidence exists to prosecute.
- Next step: the court takes cognizance, then frames charges.
- Opposite: a closure report says there is no case to prosecute.
01What a charge sheet is
A charge sheet is the police’s final report after they finish investigating a crime. The law calls it the “report of the police officer on completion of investigation”. In daily use it is called a charge sheet, a challan, or a final report.
What it contains
The report goes to the Magistrate and sets out the facts the police rely on. Under Section 173(2) CrPC it includes the names of the parties, the nature of the information, the names of the persons who seem to know the facts, and whether an offence appears to have been committed and by whom. It also states whether the accused is in custody, on bail, or on a bond. The police attach the documents and statements of witnesses they want to rely on.
What it is not
A charge sheet is not a finding of guilt. It is the police’s opinion that there is enough material to put the accused on trial. Only the court can frame a charge, and only a trial can end in conviction or acquittal.
The new law
The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 replaced the CrPC. The old Section 173 CrPC is now Section 193 BNSS. The idea is the same, but the new section allows the report to be sent to the Magistrate by electronic means, and it adds duties such as keeping the informant or victim updated on progress within 90 days.
A charge sheet is the police saying they have enough evidence to prosecute. It is not the court saying the accused is guilty.
02FIR vs charge sheet
An FIR starts the case, and a charge sheet is what the police file when the investigation ends. They sit at opposite ends of the police stage.
| Point | FIR | Charge sheet |
|---|---|---|
| Meaning | First Information Report recording that a cognizable offence is alleged | Final report of the police after investigation |
| Stage | Beginning of the criminal process | End of the police investigation |
| Law (old) | Section 154 CrPC | Section 173 CrPC |
| Law (new) | Section 173 BNSS | Section 193 BNSS |
| Who files it | Police record it on a complaint or information | Investigating officer sends it to the Magistrate |
| Based on | Information received, not yet tested | Evidence collected during investigation |
| Effect | Police can begin investigation | Court can take cognizance and proceed to trial |
Note the number swap. In the old code, 154 was the FIR and 173 was the report. In the BNSS, Section 173 is the FIR provision and Section 193 is the police report. Mixing these up is a common drafting error.
03The 60 and 90 day limit and default bail
If the accused is in custody, the police must file the charge sheet within 60 or 90 days, or the accused has a right to be released on default bail.
The rule
Under Section 167(2) CrPC, now Section 187(3) BNSS, the period is counted from the date the Magistrate first authorises detention. It is 90 days for offences punishable with death, life imprisonment, or imprisonment of ten years or more. It is 60 days for other offences. If the charge sheet is not filed in time, the accused who applies and is ready to furnish bail must be released.
Why it matters
Default bail is a statutory right, not a favour. It exists so that a person is not kept in custody indefinitely while the police take their time. The right is lost if the charge sheet is filed before the accused applies, so the timing of the application is a point lawyers watch closely.
Default bail depends on how remand and custody periods are counted. For that background, see what remand means in India.
A note on incomplete charge sheets
Police sometimes file a charge sheet and then say further investigation continues. That is allowed, but a charge sheet filed only to defeat default bail, with key material missing, is often challenged in court. Whether a given report counts as a complete one is a question for the court on the facts.
04What the court does after a charge sheet is filed
Once the charge sheet reaches the Magistrate, the court checks it and decides whether to take cognizance of the offence.
- Cognizance: The Magistrate applies his mind to the report and decides there is enough to proceed. This is under Section 190 CrPC, now Section 210 BNSS. For more, see what cognizance means.
- Supply of documents: The accused is given copies of the police report and the papers relied on.
- Committal: If the offence is triable only by a Sessions Court, the case is committed to that court.
- Charge framing: After hearing both sides, the court frames charges if it finds grounds to presume the accused committed the offence. If not, it can discharge the accused.
- Trial: The accused pleads, and the prosecution leads evidence.
A charge sheet is therefore a gateway. It does not decide the case, but without it the prosecution usually cannot move forward in a police case.
05Closure report vs charge sheet
A closure report is the opposite outcome: the police say they found no case to put before the court. Both are filed under the same section, and both are called a final report.
| Point | Charge sheet | Closure report |
|---|---|---|
| What police say | Evidence exists to prosecute the accused | No sufficient evidence, or no offence is made out |
| Filed under | Section 173(2) CrPC / Section 193 BNSS | Same section, often called a final report or summary |
| Court’s role | Take cognizance and proceed | Accept it, reject it, or order further investigation |
| Complainant’s option | Support the prosecution | File a protest petition against closure |
The court is not bound by either. When a closure report is filed, the informant must be given notice and a chance to object. The Magistrate can accept the report, direct more investigation, or even take cognizance despite it if the material shows an offence.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
For criminal practice, the charge sheet date drives many deadlines: the 60 or 90 day default bail window, the next hearing after cognizance, and the dates for charge framing. A lawyer handling many criminal matters can use a case management tool to track those dates and get court alerts. For one example of what to look for, see our guide to case management software for criminal lawyers in India. Claw also has a free plan for individual advocates.
07Sources and further reading
Check the current text of the law before relying on this page:
- India Code (bare Acts: CrPC 1973 and BNSS 2023): indiacode.nic.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
Last verified October 2026. This page is general information, not legal advice. Section numbers under the BNSS should be confirmed against the bare Act.
08Frequently asked questions
What is a charge sheet?
A charge sheet is the final report the police file in court after investigation, stating they have evidence to prosecute the accused. It is filed under Section 173 CrPC, now Section 193 of the BNSS 2023. It is not a finding of guilt.
What is the difference between an FIR and a charge sheet?
An FIR starts the criminal process by recording the information about an offence. A charge sheet is filed at the end of the police investigation and lists the evidence. The FIR is untested information, while the charge sheet is based on evidence collected.
What is the time limit for filing a charge sheet?
If the accused is in custody, it is 90 days for offences punishable with death, life imprisonment or ten years or more, and 60 days for other offences. If the police miss the deadline, the accused can claim default bail under Section 187(3) BNSS (earlier Section 167(2) CrPC).
What happens after a charge sheet is filed?
The Magistrate takes cognizance, the accused gets copies of the papers, and the case is committed to the Sessions Court if needed. The court then hears both sides and frames charges, or discharges the accused. After that the trial begins.
What is the BNSS equivalent of Section 173 CrPC?
Section 173 CrPC is now Section 193 of the Bharatiya Nagarik Suraksha Sanhita 2023. It covers the police report on completion of investigation, and adds electronic filing and updates to the informant. Confirm the numbering against the bare Act.
What is the difference between a closure report and a charge sheet?
A closure report says the police found no case to prosecute, while a charge sheet says they did. The court is not bound by either and can order further investigation. The complainant can oppose a closure report through a protest petition.