(1) If, on studying a case-file in the course of
making decision to or not to institute a case pursuant to sub-section
(3) of Section 31, and in view of the proof and evidence collected,
the concerned government attorney considers that there is adequate
evidence for instituting the case, the concerned government attorney
shall, in relation to a case under Schedule-1 or 2, prepare a chargesheet,
setting out the following matters, in the form referred to in
Schedule-20 and shall submit the charge sheet to the concerned court
within the time limit:
(a) Full name, surname, address, description, age,
occupation or business of the accused,
(b) Name of the father, mother, husband or wife of the
accused,
(c) Village Body or Municipality where the accused is
residing, ward number, village, street, block number, if
available,
(d) Description setting out the actual identity of the
accused, his or her photograph, duplicate copies of his
or her citizenship or passport, driving licence or other
document indicating his or her actual introduction,
(e) Biometrics of pointing fingers of both hands of the
accused,
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(f) If the accused is staying in a rented house, details
including the name, surname and address of the house
owner,
(g) The contents of the information related to the offence,
(h) The particulars of the offence,
(i) The details of exhibits and evidence in substantiation of
the commission of the offence by the accused,
(j) The charge made against the accused, and the grounds
thereof and reasons therefor,
(k) The relevant laws to be applied, and the reasons
therefor,
(l) The demand for punishment to be imposed on the
accused, and the reasons therefor,
(m) The amount of compensation, if any, required to be
awarded to the person who has sustained injury from the
offence,
(n) Particulars of other necessary matters, if any, related to
the nature of the offence.
(2) A charge sheet to be submitted pursuant to sub-section
(1) shall be accompanied by the proofs, evidence, exhibits and
objects collected in connection with the offence, and the accused if
held in detention.
(3) If the law gives any specific name to the offence alleged
to have been committed by the accused, the charge sheet to be
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submitted pursuant to sub-section (1) shall mention that name in
connection with such offence.
(4) If the law in force does not give any name to the offence
pursuant to sub-section (3), name shall be so given to the offence,
also having regard to the elements of the offence according to the
nature of the offence, that the accused can clearly understand the
charge made against him or her.
(5) If information is received that the accused has already
been sentenced for any offence or the accused should be liable to
enhanced punishment by the reason that the accused has also been
previously convicted of any offence, the charge sheet filed pursuant
to sub-section (1) shall also mention the date of previous conviction
of the accused, the name of the court awarding the punishment and
the case or if such matter is discovered later, it shall be mentioned as
and when so discovered.
(6) If the government attorney makes decision not to
institute a case against any person in connection with any offence
pursuant to sub-section (3) of Section 31 owing to the fact that the
evidence and proof collected for the time being in connection with
that offence are not sufficient enough to institute the case against that
person, and if such offence also involves a matter of civil liability
related to the loss of and damage to the personal property or amount
of any person, the government attorney shall give information
thereof to the informant or the victim of such offence, through the
concerned investigating authority.
(7) If, upon receipt of information referred to in sub-section
(6), the concerned person may, notwithstanding anything contained
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in the law in force, file a case, if he or she so wishes, within sixty
days of the date of receipt of such notice, as if it were an offence
under Schedule-4.
(8) If a case is instituted only against any person out of
more than one person subjected to investigation pursuant to this Act
or if investigation has been conducted as if it were a state case and
the investigation discloses that such case cannot be instituted as a
state case pursuant to this Act but can be instituted under other Act
and decision is made to that effect or such case can be instituted as
an individual case, the concerned government attorney shall
immediately send information thereof to the concerned High Court
Government Attorney Office and Office of Attorney General.
(9) Upon receipt of the information pursuant to sub-section
(8), the High Court Government Attorney Office shall study such
matter and decide to or not to institute the case, and if there appears a
reasonable reason for instituting the case, it shall give direction,
accompanied by the reasons therefor, to the concerned government
attorney to institute the case; and upon receipt of such direction, such
government attorney shall file a charge sheet or supplementary
charge sheet and institute the case against those persons whom the
case was not instituted against.
(10) If the High Court Government Attorney Office decides
not to institute the case pursuant to sub-section (9), it shall give
information thereof to the Office of Attorney General.
(11) Upon receipt of the information under sub-section (10),
the Office of Attorney General shall be give necessary direction to
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the concerned government attorney as to whether or not to institute
the case.
(12) If information is received under sub-section (8) that case
can be instituted under other law and such content is found
reasonable, the High Court Government Attorney Office shall give
information thereof to the concerned person.
(13) Except as otherwise provided in this Chapter, where a
bail/bond or guarantee has been taken from any person in the course
of investigation and, upon investigation, decision is made not to
institute the case against him or her, the bail/bond or guarantee so
furnished shall be returned to such person.