In short: A charge-sheet (police report under Section 193 BNSS, formerly 173 CrPC) means the police have finished investigating and placed their material before the court. It is not a finding of guilt. Next, the Magistrate decides whether to take cognizance and issue summons, after which you appear, get copies of the papers and can consider a discharge application, quashing before the Bombay High Court, or preparing for trial. Discharge applications under the new law have a 60-day window, so it pays to act quickly once you have the copy.
Charge-sheet, cognizance and summons are three different stages
| Stage | What happens | Who acts |
|---|---|---|
| Charge-sheet (police report) | Police file their final report with statements, panchnamas and other evidence, naming the accused and the sections. | Investigating officer, before the Magistrate |
| Cognizance | The Magistrate examines the report and decides whether there is enough to proceed. | Magistrate |
| Summons or warrant | The court directs the accused to appear on a date. Usually a summons; sometimes a warrant. | Court, served through police or other permitted modes |
Why “no summons” does not mean “no charge-sheet”: a charge-sheet may be filed and sit in the registry for weeks or months before the court takes cognizance. Summons may also be sent to an old address. Many people discover that a charge-sheet was filed only when a warrant arrives. Checking the court record yourself is safer than waiting.
The police may also file a closure report (in Maharashtra often called an “A”, “B” or “C” summary report) instead of a charge-sheet. That is a different outcome, and the complainant can oppose it.
How to find out whether it has been filed and get a copy
- eCourts: search on the eCourts Services website or app (ecourts.gov.in) by your name with the relevant court establishment, for example the Pune District Court. A new criminal case number and CNR usually appear once the charge-sheet is registered.
- Court registry: your lawyer can check with the court where the police station’s cases are filed, using the FIR number and police station name.
- Police station: the investigating officer can tell you whether and when the report was filed, though the court record is what counts.
Getting the copy
Once you appear before the court, you are entitled to copies of the police report, the FIR, recorded statements and the documents the prosecution relies on, under Section 230 BNSS (formerly 207 CrPC). The BNSS says these should be supplied without delay, and in any case within fourteen days of your appearance, and allows supply in electronic form. Some material may be withheld or given in part where the law allows, for example sensitive statements.
What a charge-sheet usually contains
- The FIR and the sections applied (sometimes changed from the FIR)
- Statements of the complainant and witnesses
- Panchnamas: spot, seizure, recovery
- Forensic and other reports: FSL, medical, handwriting, cyber
- Electronic evidence: call detail records (CDRs), bank statements, screenshots, and certificates under the Bharatiya Sakshya Adhiniyam, 2023 (BSA)
- A list of witnesses and documents
Police can continue further investigation and file a supplementary charge-sheet later, so the first report is not always the whole case.
Your options after the charge-sheet
| Option | Where | When it fits |
|---|---|---|
| Discharge | Trial court: Sessions Court (Section 250 BNSS, formerly 227 CrPC) or Magistrate in warrant cases (Section 262 BNSS, formerly 239 CrPC) | The material, even if accepted, does not make out sufficient grounds against you |
| Quashing | Bombay High Court, Mumbai (Section 528 BNSS, formerly 482 CrPC) | The case is legally unsustainable, an abuse of process, or settled in suitable matters |
| Bail / anticipatory bail | Magistrate, Sessions Court or High Court | You are in custody, or there is a risk of arrest when you appear |
| Plea bargaining | Trial court | Limited offences only; it involves accepting guilt, so it needs careful advice |
| Trial | Trial court | Where the case goes ahead on evidence |
Discharge
Discharge is decided at the stage of framing charge. The court looks at the charge-sheet material and asks whether there is enough to proceed, not whether you are guilty. Under the BNSS, a discharge application in a Sessions case can be made within 60 days of committal, and in a warrant case before a Magistrate within 60 days of supply of copies. Read more on our discharge application page.
Quashing
A quashing petition is filed in the Bombay High Court at Mumbai; there is no Pune bench. It can be filed before or after the charge-sheet. After the charge-sheet, the High Court can look at the whole of the police material. See FIR quashing for the grounds and the difference between quashing on merits and quashing on settlement.
Bail and anticipatory bail after the charge-sheet
Filing a charge-sheet does not mean you must be arrested. The Supreme Court in Siddharth v. State of Uttar Pradesh (2021) said that an accused who has cooperated with the investigation need not be taken into custody merely because a charge-sheet is filed. In Sushila Aggarwal v. State (NCT of Delhi) (2020), it held that anticipatory bail does not have to be limited in time and can continue until the end of the trial, unless the court orders otherwise. If you are in custody and the charge-sheet was not filed within 60 or 90 days, see default bail.
Plea bargaining
The BNSS keeps the plea bargaining chapter (formerly Chapter XXIA CrPC). It is generally available only for offences punishable with up to seven years, and not for certain categories such as offences affecting the socio-economic condition of the country or offences against women or children. It is not suitable for everyone.
Timeline: how long until trial starts and why trials drag
There is no fixed timetable. As a rough picture, without any guarantee:
- Cognizance and summons: a few weeks to several months after filing.
- Appearance and copies: on the first date or soon after.
- Committal: in offences triable by the Court of Session, the Magistrate commits the case to the Sessions Court at Shivajinagar, Pune.
- Discharge hearing and framing of charge: months, depending on the court’s board.
- Evidence: prosecution witnesses, your statement, defence evidence, arguments. Magistrate trials often take one to a few years; Sessions trials can take longer.
Trials drag because of witness absence, transfers of police officers, pending FSL reports, adjournments, many co-accused, and heavy court boards. Some delays can be addressed by applications for early dates or by objecting to repeated adjournments. Our guide to the criminal trial process from FIR to verdict explains each step.
What to do in the first two weeks after you get the copy
- Read it fully, with your lawyer. Mark contradictions between the FIR and later statements, missing documents, dates that do not match, and witnesses who say nothing against you.
- Check the sections. Sections can be added or dropped between the FIR and the charge-sheet. That changes which court hears the case and the bail position.
- Preserve your evidence: messages, emails, bank records, location data, CCTV requests. Electronic evidence can disappear quickly.
- Diary the 60-day discharge window where it applies.
- Plan attendance. Missing dates can lead to a warrant; see NBW cancellation. Where possible, seek exemption in advance.
- Decide the route: discharge, quashing, or preparing for trial. See Sessions trial defence.
Related:
- Sessions trial defence
- Discharge applications
- FIR quashing
- Default bail and undertrial release
- Criminal trial process: FIR to verdict
If you need advice on your situation, you can contact the office.
Frequently asked questions
How many days do police have to file the charge-sheet?
If the accused is not in custody, there is no absolute deadline, though investigation is expected to be completed without unnecessary delay. If the accused is in custody, the 60-day or 90-day limits under Section 187 BNSS (formerly 167 CrPC) matter: if the charge-sheet is not filed in time, the accused can apply for default bail.
Can I get anticipatory bail after the charge-sheet?
Yes, in many cases. Courts look at your conduct during investigation, whether you were arrested earlier, the seriousness of the offence and whether custody is needed at all. If you already have anticipatory bail, check whether the order was limited in time.
Can the charge-sheet be challenged?
Yes, in two main ways. A discharge application is made to the trial court and asks it not to frame charges. A quashing petition is made to the Bombay High Court and asks it to end the proceedings altogether. The grounds and timing differ, so the choice depends on the facts.
Do I have to attend every date?
Generally yes, unless the court exempts you for that date. Missing dates without exemption can lead to a bailable or non-bailable warrant. Your lawyer can apply for exemption in advance where there is a genuine reason.
Can I see the charge-sheet online?
Usually you can see on eCourts that a case has been registered, along with dates and orders, but not the charge-sheet itself. The full copy is supplied by the court once you appear, under Section 230 BNSS.
My name was in the FIR but not in the charge-sheet. What now?
If the police did not send you up for trial, you may not be summoned. However, the court can still summon a person later during trial if evidence appears against them. Keep a copy of the charge-sheet and check the case status from time to time.
This article explains the law in general terms and is not legal advice. Every case depends on its own facts.