In short. After a chargesheet is filed under section 193 BNSS, the magistrate takes cognizance, summons the accused, supplies copies within 14 days of appearance, commits sessions cases, and hears arguments on charge. The accused can seek discharge at that stage; if charges are framed, the trial follows. An accused not arrested during investigation usually gets bail on appearance.
For many people, the chargesheet is the moment the case becomes real. The FIR was an allegation; the chargesheet is a thick bundle that names you as an accused and lists the witnesses the State will call. It is also the point at which the defence gets its first full look at the evidence, and when the most useful legal options open up. This post walks through what happens from the day the chargesheet is filed to the start of trial, with the time limits the BNSS now sets. If the investigation is still going on and the police have missed their deadline, read default bail when the chargesheet is not filed in time instead.
Two points before the detail. First, most cases registered before 1 July 2024 continue under the old CrPC, so the section numbers may differ; see which law applies to your FIR. Second, the stage-by-stage process below is the same whether the case is in the Tis Hazari, Saket, Karkardooma or Dwarka courts; what varies is the pace of each court's board.
- The report
- Police report under section 193 BNSS (old 173 CrPC)
- Copies to accused
- Free, within 14 days of appearance (section 230)
- Discharge window
- 60 days (sections 250 and 262)
- Framing of charge
- Within 60 days of first hearing on charge
- Arrest on chargesheet
- Not required if not arrested earlier (Siddharth, 2021)
- Judgment
- Within 30 days of arguments, extendable to 45
What does it mean when a chargesheet is filed?
A chargesheet is the final police report under section 193 BNSS in which the officer in charge tells the magistrate that the investigation is complete and that there is material to send one or more accused for trial. It contains the names of the parties, the nature of the information, the names of people who appear to know the facts, whether any offence appears to have been committed and by whom, whether the accused was arrested or released on bail, and the documents and statements the prosecution will rely on.
It is not proof. Statements recorded by the police under section 180 BNSS are not evidence at trial; witnesses have to come to court and be cross-examined. Many chargesheets are filed with reports still awaited from the forensic laboratory, with sections that do not fit the facts, or with accused persons named who have little to do with the offence. The chargesheet sets the outline of the State's case. The trial decides whether that case is true.
If the police find no evidence, they file a final report asking for the case to be closed, often called a closure or cancellation report. That is not a chargesheet, and it is dealt with differently, as explained further below.
What happens after a chargesheet: stages and time limits
The BNSS introduced fixed time limits for several stages. Courts do not always meet them, but they give the defence a basis to press for progress and a clear calendar to work from.
| Stage | Provision | Time limit or what to expect |
|---|---|---|
| Chargesheet filed in court | Section 193 BNSS | Investigation into rape and certain sexual offences against children must be completed within two months; in other cases, without unnecessary delay |
| Informant or victim told of progress | Section 193(3) | Police must inform the informant or victim of progress within 90 days, including by electronic means |
| Cognizance by magistrate | Section 210 BNSS | No fixed limit; often within weeks of filing |
| Summons or warrant to accused | Section 227 BNSS | Summons is the norm where the accused was not arrested |
| Supply of copies | Section 230 BNSS | Free of cost, no later than 14 days from production or appearance |
| Committal to Sessions Court | Section 232 BNSS | Within 90 days of cognizance, extendable to 180 days for recorded reasons |
| Discharge application | Sections 250 and 262 BNSS | Within 60 days of committal (sessions) or of supply of copies (warrant cases) |
| Framing of charge | Sections 251 and 263 BNSS | Within 60 days of the first hearing on charge |
| Plea bargaining application | Section 290 BNSS | Within 30 days of framing of charge, for eligible offences |
| Judgment | Section 258 BNSS | Within 30 days of final arguments, extendable to 45 days |
Will I be arrested after the chargesheet is filed?
If you were not arrested during the investigation and you cooperated with the police, the filing of a chargesheet is not a reason to arrest you now. The Supreme Court held in Siddharth v State of Uttar Pradesh (2021) that the police are not required to arrest an accused at the time of filing the chargesheet, and that insisting on arrest as a formality is wrong. In Satender Kumar Antil v CBI (2022) the Court went further and laid down that, for such accused, the court should ordinarily issue summons, and when the accused appears, bail should be considered on that appearance without first sending the person to custody.
In practice, in the Delhi district courts, an accused who was never arrested receives a summons, appears with counsel on the date, and files a bail application or bail bond with a surety on that day. If you already have anticipatory bail, it generally continues: the Constitution Bench in Sushila Aggarwal v State (NCT of Delhi) (2020) held that anticipatory bail need not end with the filing of the chargesheet unless the court that granted it limited it. Read your anticipatory bail order to see whether it was limited, and carry a copy to court.
If you are in custody when the chargesheet is filed, the right to default bail ends once a complete chargesheet is filed, but your bail application can now rest on a new footing: the investigation is over, the evidence is collected and documented, and custody is no longer needed for the police's purposes. Courts treat the filing of the chargesheet as a change in circumstances for bail. For how bail works more broadly, see our bail lawyer page.
How do I find out whether a chargesheet has been filed?
The usual ways are a summons from the court, a call or notice from the IO, or checking the case status. Once the chargesheet is filed, the case gets a number in the magistrate's court and appears on the eCourts system, which can usually be searched by FIR number, police station and year, or by the case number. Your counsel can also check with the court's ahlmad (record keeper) or the naib court attached to the police station.
Do not rely on hearing from the police. Summons sometimes go to old addresses, and an accused who does not appear can face a warrant without knowing the case had moved. If you have been named in an FIR and released on bail or protection, check the status every month or two, and keep the court and IO informed of any change in address.
How do I get a copy of the chargesheet?
The magistrate must supply copies of the police report and the documents relied on to the accused free of cost, no later than 14 days from the date of production or appearance (section 230 BNSS). The copies include the FIR, the statements recorded under section 180, any confessions or statements recorded before a magistrate under section 183, and the other documents sent with the report. Copies can be supplied electronically, and the victim is also entitled to them if represented by an advocate.
Where a document is too bulky to copy, the court can let the accused inspect it instead, and the defence should make a note of what was inspected. If something mentioned in the chargesheet is missing from the set you are given (a CCTV clip, an FSL report, a seizure memo), apply in writing for its supply before the arguments on charge begin. Deficient supply is one of the commonest causes of delay at this stage, and raising it early keeps the case moving.
Some parts may be withheld if the police have asked the court to exclude them in the public interest, for example to protect a witness's identity. The court decides that; the police cannot simply leave things out.
What to look for when you read the chargesheet
Read the chargesheet with your counsel, slowly, and keep a note of every point that does not add up. These are the parts that usually matter most.
- The sections applied. Compare the sections in the chargesheet with those in the FIR. Sections are often added or dropped during investigation, and the facts alleged may not support the graver ones.
- Statements under section 180 BNSS. Check whether each witness actually says what the chargesheet summary claims, and whether statements contradict the FIR or each other.
- Statements before a magistrate under section 183. These carry more weight and are worth reading word by word.
- Seizure memos, site plans and recovery memos. Look at dates, times, signatures and independent witnesses. Recoveries without independent witnesses or with mismatched timings are common points for the defence.
- Forensic, medical and expert reports. Note which reports are attached and which are 'awaited'. A case that depends on a pending FSL report is a case with a gap.
- Electronic evidence. Call records, CCTV footage and chats need a certificate under section 63 BSA to be admissible. Check whether one is attached and whether it is from the right person.
- Sanction. Where the accused is a public servant, prosecution for acts in official duty may need sanction (section 218 BNSS, and section 19 of the Prevention of Corruption Act for corruption cases). A missing sanction is a serious defect.
- Persons not sent up for trial. The chargesheet may name people the police chose not to charge. That can help an accused whose role is similar.
Reading the chargesheet: what an experienced defence counsel looks for first
When Advocate B.K. Singh reads a fresh chargesheet, the first thing he compares is the FIR against the statements of the complainant and the main witnesses recorded later, line by line. Improvements and changes in the story between the first version and the later ones are often the most useful material the defence will ever get, because they show up again in cross-examination at trial. The second thing is the list of documents the police say they relied on, checked against what has actually been supplied.
This reading decides the strategy. A chargesheet with a clear gap on an essential ingredient of the offence points towards a discharge application. A chargesheet that discloses a private dispute that has since been settled points towards quashing or compounding. A chargesheet with strong evidence on some points and weak on others may point towards contesting the graver charge while accepting that a trial on the lesser one is inevitable. Treat the first reading as the most important piece of work in the case, not a formality.
What is a supplementary chargesheet, and can the police keep investigating?
Yes. The police can carry out further investigation after filing a chargesheet and file a supplementary report with fresh evidence, such as a forensic report that was awaited or statements of new witnesses (section 193(9) BNSS). Once the trial has begun, further investigation needs the court's permission and must be completed within 90 days, which the court can extend.
A supplementary chargesheet can add evidence, add accused persons or sometimes add offences. When one is filed, the accused is entitled to copies of it and the court may have to revisit the charge. Defence counsel should watch for supplementary chargesheets filed shortly before important dates, and ask for time to respond where new material appears.
A chargesheet filed only to beat the default bail deadline, with key parts of the investigation openly incomplete, is a separate issue; the law on what counts as a complete chargesheet for default bail purposes is discussed in our post on default bail.
Can the magistrate disagree with the police or summon others?
Yes. The magistrate is not bound by the police's conclusions. On reading the chargesheet, the magistrate can take cognizance of offences the police left out, decline to take cognizance of offences that the material does not support, issue process against persons the police did not charge if the material points to them, or order further investigation. Later, during the trial, the court can also summon a person not named as an accused if the evidence shows that person's involvement (section 358 BNSS).
If the police file a closure report instead of a chargesheet, the informant must be given notice and an opportunity to be heard before the magistrate accepts it. The informant can file a protest petition. The magistrate can then accept the closure, order further investigation, or take cognizance on the material in the report, or treat the protest petition as a complaint and proceed under the complaint procedure.
Sessions case or magistrate's case: why it matters
Offences punishable with more than seven years, and some others, are triable by the Sessions Court. In those cases, the magistrate takes cognizance, supplies copies and commits the case to the Sessions Court in the same district complex. Offences with lower punishment are tried by the magistrate. Special courts take certain categories: NDPS, POCSO, PMLA, CBI and anti-corruption cases (in Delhi, CBI and ACB courts sit at Rouse Avenue) and others.
The type of court affects the procedure at the charge stage, the discharge provision that applies (section 250 for sessions cases, section 262 for magistrate warrant cases), how long the trial is likely to take, and where an appeal lies. Summons cases, which are the least serious, have no formal charge at all; the magistrate states the substance of the accusation, and if the accusation is groundless, can release the accused with the effect of a discharge (section 274 BNSS).
Your options after a chargesheet: discharge, quashing, settlement, plea bargaining or trial
Discharge is the first real chance to end the case. Before charges are framed, the court must consider whether the material in the chargesheet, taken at face value, gives sufficient ground to proceed. If not, the accused is discharged. The application must be filed within 60 days of committal or supply of copies. The test and how to argue it are covered in detail in discharge applications: ending a criminal case before trial.
Quashing by the High Court under section 528 BNSS remains available after the chargesheet, especially where the dispute is essentially civil or the parties have settled a personal dispute. See quashing an FIR after a compromise. Compounding under section 359 BNSS lets the parties settle certain offences in the trial court itself, with or without the court's permission depending on the offence.
Plea bargaining under sections 289 to 300 BNSS is available for offences punishable with up to seven years, except offences notified as affecting the socio-economic condition of the country and offences against women or children. The application must be made within 30 days of the framing of charge. It is used less often than it could be, usually in cases where the evidence is strong and the accused wants a lesser sentence and an end to the matter.
If none of these fits, the case goes to trial. That is not a bad outcome in itself; many prosecutions fail at trial when witnesses are cross-examined. But it is long, and it should be a decision, not a default.
What to do in the first month after the chargesheet is filed
Find the court and the date
Get the case number, the court and the next date from the summons, the IO or eCourts. Confirm whether it is a magistrate's case or will be committed to sessions.
Prepare for appearance
Arrange your bail bond and surety, or carry your anticipatory bail order. Bring identity proof and the surety's documents. Your counsel files a vakalatnama and, if needed, a bail application.
Collect the copies
Make sure the copies under section 230 are supplied within the 14 days, and note anything missing. Apply in writing for missing documents.
Read the chargesheet with counsel
Go through the statements, reports and memos as described above. Write down every contradiction, gap and missing document.
Choose a strategy
Decide whether to seek discharge, approach the High Court for quashing, explore settlement or plea bargaining, or prepare for trial. Diarise the 60-day discharge window.
Organise your own documents
Collect the documents that support your defence (agreements, bank records, messages, medical papers). Some will not be usable until the defence stage, but losing them now is a common and avoidable problem.
A made-up example: from chargesheet to charge
Here's a made-up example. Rakesh runs a shop in Rohini. A former business partner files an FIR alleging cheating and forgery of a partnership deed. Rakesh gets anticipatory bail from the Sessions Court and joins the investigation whenever asked. Fourteen months later, the chargesheet is filed under the cheating and forgery sections. A summons arrives for a date before the magistrate at the Rohini courts.
Rakesh appears with his counsel, files his anticipatory bail order, and is admitted to bail on a fresh bond. The copies are supplied on the second date. Reading them, his counsel notices that the chargesheet says the forensic report on the disputed signature is 'awaited', and that the partner's statement under section 180 admits that he signed the deed in front of two people whom the police never examined.
Within the 60 days, Rakesh files a discharge application on the forgery charge, arguing that without the handwriting report there is no material that the deed is forged. The court hears both sides, discharges him on the forgery charge, and frames a charge only for cheating on the basis of the money transactions. The trial on the cheating charge is shorter and narrower. None of this is a prediction; it shows how the first reading of the chargesheet shapes everything that follows.
What happens at the trial after charges are framed?
Once charges are framed and the accused pleads not guilty, the prosecution leads evidence. Its witnesses are examined by the APP and cross-examined by the defence; documents are proved. Witnesses can be examined through audio-video means in many cases under the BNSS, which has reduced some of the delay caused by witnesses not travelling to court.
After the prosecution evidence, the court puts the incriminating circumstances to the accused and records the accused's statement under section 351 BNSS. The accused can then lead defence evidence if needed. Final arguments follow, and judgment is to be pronounced within 30 days of their conclusion, extendable to 45 days for reasons recorded.
An acquittal ends the case unless the State or the victim appeals. A conviction can be appealed. For which remedy applies to which kind of order, see criminal appeal or revision.
How long does a criminal case take after the chargesheet in Delhi?
There is no reliable single answer, and anyone who gives you a fixed timeline is guessing. Simple magistrate trials with a handful of witnesses can finish in one to three years. Sessions trials with many witnesses, forensic evidence and several accused often take longer. The main causes of delay are pending forensic reports, witnesses not appearing, multiple accused with separate counsel, transfer of judges and adjournments sought by either side.
The defence can keep the case moving by attending every date, avoiding unnecessary adjournments, raising missing documents early and pressing for the BNSS time limits where they are being ignored. An accused in custody whose trial is moving slowly should also look at the right to release after serving part of the maximum sentence under section 479 BNSS.
Do I have to attend every court date?
Yes, unless the court exempts you. The court can dispense with personal attendance for a particular date or for a period, on an application showing good reason (section 355 BNSS), and allow you to be represented by counsel. Courts often grant this for routine dates, especially for accused who live far away, are unwell or have demanding jobs, but insist on presence for framing of charge, the statement under section 351, and judgment.
Missing dates without exemption leads to warrants, and repeated absence can lead to cancellation of bail and a separate case for non-appearance. If you are on bail, read when bail can be cancelled to understand what is at stake.
Documents to keep in your case file after the chargesheet
Court papers
- FIR copy
- Bail or anticipatory bail orders, with conditions
- Summons and notices received
- Full chargesheet and supplementary chargesheets
- Order sheets of each date
- Any exemption orders
Your own record
- List of dates of police notices and when you joined investigation
- Copies of your replies and statements given
- Documents supporting your defence: agreements, bank statements, messages, medical papers
- Addresses and contact details of possible defence witnesses
For the surety
- Surety's identity and address proof
- Property papers, FDR or vehicle RC used for the bond
- Copy of the bond executed
For the complainant: what is your role after the chargesheet?
Once the chargesheet is filed, the State prosecutes the case through the Public Prosecutor. The complainant becomes a witness, usually the most important one. You are entitled to be informed of the progress of the investigation and, if represented by an advocate, to copies of the police report. You can engage a private counsel to assist the prosecution, with the court's permission.
Keep your own copy of everything you gave the police, stay in touch with the APP before your evidence date, and read your earlier statement before you depose. If you are being pressured by the accused, report it in writing; that is a ground on which bail can be cancelled. If the chargesheet leaves out an accused or an offence you believe is made out, raise it with the magistrate at the cognizance stage through counsel.
Chargesheet just filed: what to do this week
- Find the court, case number and next date.
- Check whether your anticipatory bail continues or whether you need to apply for bail on appearance.
- Arrange a surety and their documents.
- Collect your FIR copy, bail orders and any notices in one file.
- Make sure your current address and phone number are with the court and the IO.
- Plan to read the full chargesheet with counsel within days of receiving it.
- Diarise the 60-day discharge window from committal or supply of copies.
- Stop discussing the case with the complainant or witnesses.
Talking to an advocate about the chargesheet
The weeks after a chargesheet are when the defence has the most room to shape the case, and they pass quickly. If you want an advocate to read the chargesheet and tell you what the options are, the team of Advocate B.K. Singh at B.K. Singh & Associates can look at the papers; send them through the online enquiry form. Our page on criminal law practice explains the whole process from FIR to appeal, and criminal cases in Delhi covers the city's court complexes.
Frequently asked questions
What happens after a chargesheet is filed in court?
The magistrate takes cognizance and summons the accused. The accused appears, gets bail if needed and receives copies of the chargesheet; sessions cases are committed, the court hears arguments on charge and either discharges the accused or frames charges for trial.
Is a chargesheet the same as conviction?
No. A chargesheet is the police's report that there is material for trial. Guilt is decided only after witnesses give evidence in court and are cross-examined.
Will police arrest me after filing the chargesheet?
Not usually, if you were not arrested during investigation and cooperated. The Supreme Court in Siddharth (2021) held that arrest is not required at the time of filing the chargesheet, and courts ordinarily issue summons and consider bail on appearance.
How many days does the court take to give a copy of the chargesheet?
Section 230 BNSS requires the magistrate to supply copies free of cost within 14 days of the accused's production or appearance. If documents are missing, apply in writing for them before arguments on charge.
Can I get the chargesheet copy online?
Copies can now be supplied electronically, and case status is available on eCourts. The full chargesheet is usually obtained through the court on appearance, or by a certified copy application through counsel.
What is the difference between a chargesheet and a closure report?
A chargesheet says there is material for trial against the accused. A closure report says there is not and asks for the case to be closed; the informant must be heard before the magistrate accepts it.
Can police file a supplementary chargesheet?
Yes. Further investigation is allowed under section 193(9) BNSS and a supplementary report can be filed. During trial it needs the court's permission and must be completed within 90 days unless extended.
Does anticipatory bail end when the chargesheet is filed?
Generally no. The Supreme Court in Sushila Aggarwal (2020) held anticipatory bail can continue till the end of trial unless the court limited it, so check the wording of your order.
Can a case be closed after the chargesheet is filed?
Yes, through discharge before charges are framed, quashing by the High Court under section 528 BNSS, compounding of compoundable offences, or plea bargaining. Otherwise the case ends with the trial's judgment.
How long does it take to frame charges after the chargesheet?
The BNSS says charges should be framed within 60 days of the first hearing on charge. Before that, copies must be supplied and sessions cases committed, so in practice it often takes a few months.
Can my name be removed from the chargesheet?
The police cannot simply remove it once filed. You can seek discharge, ask the High Court to quash the proceedings, or contest the trial; further investigation can also lead to a revised report.
Do I need to be present at every hearing after the chargesheet?
Yes, unless the court grants exemption under section 355 BNSS. Courts usually require presence for framing of charge, the accused's statement and judgment.
Written and reviewed at B.K. Singh & Associates
Advocate B.K. Singh
Founder of B.K. Singh & Associates. MCA, LL.B., LL.M., with more than twenty years of practice before the Supreme Court, the Delhi High Court, district courts and tribunals across Delhi NCR. This article explains the general law as of 24 October 2026; it is not legal advice on your facts.