Charge Sheet and Police Report Under the BNSS

What people call a "charge sheet" is, in law, the police report that the officer in charge of a police station sends to a Magistrate under Section 193(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), once investigation is complete. Section 193 replaced Section 173 of the old CrPC from 1 July 2024, and it now adds fixed time limits for some offences, a duty to update the victim within 90 days, electronic filing and a 90-day cap on further investigation during trial. The Magistrate then decides whether to take cognizance on that report under Section 210(1)(b).

This explainer is for B.A. LL.B. and LL.B. students reading criminal procedure, and for any citizen who has filed an FIR and is waiting to hear what happened next. If you know what the report must contain and when you are entitled to copies, you can ask the right question at the right court.

Is "charge sheet" a term used in the BNSS?

No. The Act speaks of a "police report". Section 2(1)(t) defines it as a report forwarded by a police officer to a Magistrate under sub-section (3) of Section 193. In practice, a report that says an offence appears to have been committed by named persons is called a charge sheet (or final report), and a report that says no offence is made out is usually called a closure or refer report. Both are police reports in the statutory sense, and the Magistrate must apply judicial mind to either.

What must the police report contain?

Section 193(3)(i) says the report goes to a Magistrate empowered to take cognizance on a police report, in the form the State Government prescribes by rules, and it may be sent electronically. It must state:

1. the names of the parties;
2. the nature of the information;
3. the names of persons who appear to be acquainted with the circumstances of the case;
4. whether any offence appears to have been committed and, if so, by whom;
5. whether the accused has been arrested;
6. whether the accused has been released on bond or bail bond;
7. whether the accused has been forwarded in custody under Section 190;
8. for certain sexual offences, whether the report of the medical examination of the woman is attached;
9. the sequence of custody of any electronic device.

The last item is new and matters a great deal now that phones and CCTV footage are central evidence. Because the form is set by State rules, readers in Tamil Nadu should check the current prescribed form with the court or the police station rather than rely on an older CrPC format.

What time limits apply?

• General rule: Section 193(1) says every investigation must be completed without unnecessary delay. There is no single outer limit for all offences.
• Two months for specified offences: Section 193(2) requires investigation of offences under Sections 64 to 68, 70 and 71 of the Bharatiya Nyaya Sanhita, 2023 (rape and related offences) and Sections 4, 6, 8 and 10 of the POCSO Act, 2012 to be completed within two months from the date the officer in charge recorded the information.
• 90 days to update the victim: Section 193(3)(ii) requires the police to inform the informant or victim of the progress of investigation within 90 days, by any means including electronic communication.
• Intimation of action taken: Under Section 193(3)(iii), the officer must tell the person who first gave the information what action has been taken, in the manner the State prescribes.

Keep the default bail clock separate in your mind. The custody periods after which an accused can claim release, if the report is not filed, sit in Section 187, not in Section 193.

What documents go with the report?

Where the accused was forwarded under Section 190 (old Section 170 CrPC), Section 193(6) requires the police to send the documents the prosecution proposes to rely on (other than those already sent during investigation), and the statements recorded under Section 180 of all the persons the prosecution proposes to examine as witnesses. Under Section 193(7), the officer may mark any part of a statement that is irrelevant or that should not be disclosed in the public interest, with reasons, and ask the Magistrate to exclude it from the accused's copies. Section 193(8) then requires enough copies, properly indexed, for supply to the accused, and electronic supply counts as due service.

If the investigation shows no sufficient evidence, Section 189 (old Section 169 CrPC) lets the officer release the accused on a bond or bail bond to appear before the Magistrate when required. Where the report shows such a release, Section 193(5) leaves it to the Magistrate to decide whether to discharge that bond or make another order.

When does the accused get copies?

Section 230 (old Section 207 CrPC) requires the Magistrate to give the accused, and the victim if represented by an advocate, free copies of the police report, the FIR recorded under Section 173, the statements recorded under Section 180(3) (minus any part excluded under Section 193(7)), any confession or statement recorded under Section 183, and the other documents forwarded under Section 193(6). This must be done without delay and in no case later than 14 days from the date the accused is produced or appears. The Magistrate may still direct that an excluded portion be supplied. Voluminous documents may be given electronically or made available for inspection in court.

Example: a student in Nagercoil named as an accused in a cheating case should receive these copies within 14 days of first appearance. If the Section 180 statements are missing, the lawyer should ask the Magistrate to complete supply before the case moves to charge.

Can the police investigate further after filing?

Yes. Section 193(9) keeps the old position that filing a report does not bar further investigation, and any further evidence must be reported to the Magistrate in a supplementary report subject to sub-sections (3) to (8). The new proviso is the change to remember: once trial has begun, further investigation needs the permission of the trial court and must be completed within 90 days, which the court may extend. Under Section 193(4), where a superior officer has been appointed under Section 177, the State may route the report through that officer, who can direct further investigation while the Magistrate's orders are pending.

How should you write this in an exam?

1. Open with the definition in Section 2(1)(t) and the fact that "charge sheet" is a practice term for the Section 193(3) report.
2. List the contents under Section 193(3)(i), stressing the chain of custody of electronic devices and the medical report requirement.
3. Explain the time limits in Section 193(1) and (2), and the victim's right to updates in Section 193(3)(ii).
4. Link Section 193(6) to (8) with Section 230 and the 14-day supply rule.
5. End with further investigation under Section 193(9) and the 90-day proviso, giving the old CrPC section only as a pointer.

Add the leading Supreme Court and Madras High Court decisions on further investigation, closure reports and notice to the informant from your prescribed casebook, citing them by their exact names and years. If you are helping a victim who has had no update after 90 days, the college legal aid clinic is a good place to start.

Sources

• BNSS Section 193: bare text on the police report, time limits, victim updates and further investigation.
• BNSS Section 230: supply of the police report and documents to the accused.
• BNSS Section 2: definitions, including "police report" in Section 2(1)(t).
• BNSS Section 210: cognizance of offences by a Magistrate, including on a police report.
• BNSS Section 190: forwarding the accused when evidence is sufficient.
• BNSS Section 189: release of the accused when evidence is deficient.