Section 32: To file charge sheets

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 charge sheet, 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,

(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 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 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 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.