State home dept directs police to file chargesheets within time limit

Hindustan Times

29-05-2025

Pune: In a bid to expedite the criminal justice process, the state home department has issued fresh directives mandating police officials to file chargesheets within fixed time limits. Police unit commanders across the state have been instructed to ensure strict compliance and avoid unnecessary delays, as per the directives issued on May 26.
According to the new guidelines, chargesheets in serious offences punishable by life imprisonment or death under relevant sections of the Bharatiya Nyaya Sanhita (BNS) must be filed within 90 days. For offences carrying a punishment of up to 10 years, the timeline has been set at 60 days. Similarly, for crimes attracting sentences between three and seven years, police must submit chargesheets within 60 days.
The department has emphasised that pending chargesheets delay justice and urged all units to adhere to the timelines without exception. Failure to file a chargesheet within the prescribed period can render the arrest illegal, potentially allowing the accused to obtain default bail.
In his communication to officers at the city police commissionerate after the directives from the home department, additional commissioner of police (Administration) Sanjay Patil pointed out that many investigators mistakenly believe that the time limit for filing chargesheets in offences punishable with up to ten years' imprisonment is 90 days, leading to confusion. He stated that all investigating officers must file chargesheets expeditiously, failing which the accused may secure default bail.
'The police officials must submit the chargesheet before the court within the deadline without any delay,' his note to police stations read.
The home department has cited the Supreme Court's ruling in Rakesh Kumar Paul vs State of Assam, where the court held that in cases where punishment extends up to 10 years, for the purpose of default bail, the matter falls under Section 167(2)(a)(ii) of the CrPC. In such cases, if the chargesheet is not filed within 60 days, the accused is entitled to be released on bail.
Advocate Milind Pawar said there was an urgent need for police reforms and a clear consensus on the importance of separating investigation from law and order duties. He noted that this would help conclude investigations more swiftly and prevent prolonged custody of individuals who may ultimately be found innocent.
'Default bail is an indefeasible right, which means it cannot be lost, annulled, or overturned. The court order clearly states that default by the investigating agency in not filing the chargesheet within 60 days entitles the accused to be released under Section 167(2) of the Code,' he said.
A chargesheet is the final report prepared by investigating officers after completing their probe in a cognisable or non-cognisable offence. Also referred to as the police report or final report, it records the sequence of events from the filing of the first information report (FIR) to the conclusion of the investigation and the preparation of the report. It must be submitted to the court before proceedings against the accused can commence. Once the chargesheet is filed, prosecution in the case officially begins.