What Happens After Charge Sheet Is Filed?

What Happens After Charge Sheet Is Filed? A Complete Guide to the Criminal Trial Process in India

In criminal litigation, filing of the charge sheet is a crucial milestone. Many accused persons and complainants believe that once the police file the charge sheet, the case has almost reached its conclusion. In reality, filing of the charge sheet marks the beginning of the judicial phase of the criminal process. From this stage onward, the court takes control of the proceedings, and the matter progresses toward trial.

The direct answer is that after a charge sheet is filed, the court takes cognizance of the offence, supplies documents to the accused, considers framing of charges, and then conducts a full criminal trial that may result in conviction or acquittal.

This comprehensive guide explains in detail every stage that follows the filing of a charge sheet under Indian criminal law.

1. What Is a Charge Sheet?

A charge sheet (also called a police report under Section 173 of the Criminal Procedure Code, 1973, now under the Bharatiya Nagarik Suraksha Sanhita, 2023) is the final report filed by the investigating officer after completing investigation.

The charge sheet contains:

Details of the FIR
Names of accused persons
Nature of offences alleged
Statements of witnesses
Documentary evidence collected
Medical and forensic reports
List of material objects
Opinion of the investigating officer

The police submit the charge sheet to the Magistrate having jurisdiction over the case.

The filing of the charge sheet means that the police believe sufficient material exists to proceed against the accused.

2. Taking Cognizance by the Court

Once the charge sheet is filed, the first step is taking cognizance by the Magistrate.

Taking cognizance means that the court applies its judicial mind to the material placed before it and decides whether there is sufficient ground to proceed.

At this stage, the court does not conduct a detailed trial. It only checks whether:

The charge sheet discloses commission of an offence.
The court has jurisdiction.
The accused is properly named and identified.

If satisfied, the Magistrate formally takes cognizance of the offence.

3. Issuance of Process (Summons or Warrant)

After taking cognizance, the court issues process against the accused.

Depending on the seriousness of the offence, the court may issue:

Summons (for less serious offences)
Bailable warrant
Non-bailable warrant (in serious cases)

If the accused was already on bail during investigation, they are usually directed to appear before the court on a specified date.

This marks the formal commencement of court proceedings.

4. Supply of Documents to the Accused

One of the most important safeguards for the accused is the right to receive copies of all relevant documents.

Under Section 230 BNSS, the accused must be provided:

Copy of FIR
Charge sheet
Statements of witnesses recorded under Section 180 BNSS
Confessional statements (if any)
Expert reports

This ensures transparency and enables the accused to prepare their defence.

Failure to supply these documents may affect the fairness of the trial.

5. Committal to Sessions Court (If Applicable)

If the offence is triable exclusively by the Court of Session (for example, murder, rape, dacoity), the Magistrate does not conduct the trial.

Instead, after supplying documents, the Magistrate commits the case to the Sessions Court.

This process is called committal proceedings.

The Sessions Court then takes over and proceeds further.

6. Consideration of Discharge Application

After receiving the charge sheet, the accused has the right to file a discharge application.

Discharge means that the court finds no sufficient ground to proceed against the accused.

The court examines:

Whether the allegations make out a prima facie case.
Whether the essential ingredients of the offence are present.
Whether evidence is legally admissible.

If the court finds no sufficient ground, it discharges the accused, and the case ends at that stage.

If the court finds grounds to proceed, it moves to the next stage.

7. Framing of Charges

If the court believes there is prima facie evidence against the accused, it frames formal charges.

Framing of charge means:

The court formally states the offences alleged.
The accused is informed of the specific allegations.
The accused is asked whether they plead guilty or claim trial.

This stage defines the scope of the trial.

Charges must be clear, specific, and legally accurate.

8. Plea of the Accused

After charges are framed, the accused is asked to enter a plea.

Two possibilities arise:

Plea of guilty – The court may convict the accused based on the plea.
Plea of not guilty – The case proceeds to full trial.

In most cases, the accused pleads not guilty, leading to evidence stage.

9. Prosecution Evidence

This is one of the longest and most crucial stages.

The prosecution must prove its case beyond reasonable doubt.

The prosecution presents:

Oral testimony of witnesses
Documentary evidence
Expert evidence
Material objects

Each witness is:

Examined-in-chief by prosecution
Cross-examined by defence
Re-examined if necessary

Cross-examination is a powerful tool to test credibility and reliability.

The burden of proof remains entirely on the prosecution.

10. Statement of Accused Under Section 351 BNSS

After prosecution evidence concludes, the court examines the accused under Section 351 BNSS.

This is not cross-examination but an opportunity for the accused to:

Explain incriminating circumstances.
Present their version.
Deny allegations.

The statement is recorded without oath.

This ensures fairness and gives the accused a chance to respond.

11. Defence Evidence (If Any)

The accused is not required to prove innocence.

However, if the accused wishes, they may lead defence evidence.

This may include:

Calling witnesses
Producing documents
Producing expert testimony

In many cases, the defence relies on weaknesses in prosecution evidence rather than producing independent evidence.

12. Final Arguments

After evidence concludes, both sides present final arguments.

The prosecution argues:

How evidence proves guilt beyond reasonable doubt.

The defence argues:

Inconsistencies in evidence
Lack of proof
Benefit of doubt

This stage requires detailed legal analysis and interpretation of evidence.

13. Judgment

After hearing arguments, the court delivers judgment.

Two outcomes are possible:

Conviction
Acquittal

If acquitted, the accused is free from charges.

If convicted, the case proceeds to sentencing.

Judgment must contain reasons and analysis of evidence.

14. Sentencing (If Convicted)

If the accused is convicted, the court hears arguments on sentencing.

Factors considered include:

Gravity of offence
Criminal history
Age and background
Mitigating circumstances

The court may impose:

Imprisonment
Fine
Compensation to victim
Probation (in some cases)

15. Appeal Process

After conviction, the accused has the right to appeal to a higher court.

Even the complainant or State may appeal against acquittal.

The appellate court may:

Confirm conviction
Reverse conviction
Modify sentence
Order retrial

Thus, filing of charge sheet is only the beginning of a long judicial journey.

16. Bail After Charge Sheet

Many people believe bail becomes difficult after filing of charge sheet.

In reality:

Filing of charge sheet often strengthens bail grounds.
Investigation is complete.
Chances of tampering reduce.

Courts may grant regular bail at this stage depending on facts.

17. Time Frame of Trial

The duration of trial depends on:

Nature of offence
Number of witnesses
Court workload
Adjournments

Some trials conclude within a year; others may take several years.

Delay does not automatically end the case, but prolonged delay may strengthen bail arguments.

18. Can Case Be Quashed After Charge Sheet?

Yes. Even after filing of charge sheet, the accused can approach the High Court under Section 528 BNSS to quash proceedings if:

No offence is made out.
The case is malicious.
It is purely civil dispute.

Thus, remedies remain available even at later stages.

Conclusion

Filing of a charge sheet is not the end of a criminal case; it is the beginning of the judicial trial process. After a charge sheet is filed, the court takes cognizance, supplies documents, considers discharge, frames charges, records evidence, hears arguments, and finally delivers judgment.

The accused has multiple rights at every stage, including the right to fair trial, cross-examination, defence evidence, and appeal. Understanding each step is essential for effective legal strategy and protection of rights.

The criminal justice process after charge sheet is structured, procedural, and evidence-driven. Proper legal representation and timely action at every stage play a decisive role in determining the final outcome.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304