Once the police finish investigating a case, they file a final report — the chargesheet — before the magistrate. The court then decides whether to take cognizance, and if it does, issues a summons or a warrant directing the accused to appear. What follows is a fixed sequence: appearance, supply of documents, framing of charge, and trial. Missing a date in this sequence is what creates warrants.
Who this applies to
This applies to anyone named as an accused in a first information report, and to complainants who want to understand why the case slows down after the chargesheet. It also matters to people who received a court summons and are unsure whether they must attend in person, whether a lawyer can appear, and what will happen if they send nobody.
A chargesheet is filed under Section 193 BNSS 2023 (formerly Section 173 CrPC). A magistrate takes cognizance of an offence on a police report under Section 210 BNSS 2023 (formerly Section 190 CrPC). If you have instructions from FileX for the case, keep every court date noted; the sequence below is the map of those dates.
Step by step: what happens after the chargesheet
- Filing of the final report. The investigating officer files the chargesheet with the magistrate, listing the accused, the witnesses, the documents relied on, and the offence. If the investigation is incomplete, the police may file a partial or supplementary report; the court can direct a further investigation.
- Cognizance. The magistrate examines the report and applies the mind of the court to decide whether there is ground to proceed. Cognizance is not the same as conviction; it only means the court accepts that the matter should move forward.
- The summoning order. If the magistrate finds grounds, the court issues process — ordinarily a summons for attendance, and a warrant only in cases where the law allows, or where the accused has evaded service.
- Service of summons. The summons is served through the police or by registered post, and the serving officer records how and when it was delivered. Keep the acknowledgement; it is proof of the date of knowledge.
- Appearance. On the returnable date the accused appears — personally, or through a lawyer with an exemption application where the court permits. Failure to appear is treated as a separate default.
- Supply of copies. Once the accused appears, the court supplies copies of the police report and the documents relied on, so the defence knows the case it must meet. This right to copies is a basic safeguard and should be asked for at the first appearance.
- Framing of charge. The court reads the accusation, hears both sides, and either frames a charge or discharges the accused. A charge is the formal statement of the offence the accused will face at trial.
- Discharge application. Before a charge is framed, an accused may apply for discharge, arguing that the material on record does not disclose the offence alleged. This is a legal argument on the papers, not a mini-trial.
What the summons and the first appearance require
A summons names the court, the case number, the offence, and the date and time for appearance. Read it carefully: some summons require personal appearance, while others permit appearance through counsel. Where the accused is a company or a firm, a director or authorised representative appears on its behalf.
At the first appearance, the court expects the accused either to appear or to be represented, and it records the appearance. If you need to send documents, keep a copy of everything filed, with the date of filing endorsed by the court office. The defence should return to the bench for copies at the earliest stage so no time is lost later.
Documents to attach or preserve
- A copy of the FIR and the chargesheet, obtained from the court or the police station.
- The summons itself, with the envelope and postal acknowledgement that show when it was received.
- Any earlier bail order, if the accused is already on bail, since it affects the conditions on appearance.
- Identity proof and the vakalatnama for the lawyer appearing.
- Copies of any discharge application and its annexures.
What happens if the accused does not appear
If the accused does not appear on the date fixed, the court may issue a warrant, and it may order a proclamation for the person to attend. Repeated non-appearance without explanation can lead to a declaration that the accused is a proclaimed offender, with serious consequences for liberty and property. The remedy for a genuine default is to appear at once, explain the reason on affidavit, and seek recall of the warrant. Do not wait for the next date; the position worsens with each missed date.
Timelines and common mistakes
- Treating the summons as an ordinary notice. A court summons is mandatory; only the court can excuse attendance.
- Not collecting the copies of documents at the first appearance, which delays every later step.
- Filing a discharge application after the charge is framed, when the proper stage has passed.
- Assuming a chargesheet means conviction. Cognizance and framing of charge are stages, not findings.
For a fuller view of the criminal stages and how a Kolkata team handles them, see our criminal law services and the criminal law formats we prepare, or contact the office for a case review.
Common questions
Is a chargesheet the end of the investigation?
Usually yes — the final report closes the investigation. But the court can order further investigation, and the police may file a supplementary chargesheet if fresh material appears. The case then continues from the stage it had reached.
Can I avoid appearing on the date in the summons?
An accused may be represented through a lawyer where the court allows, and personal appearance can be exempted on application. Exemption is discretionary, so file it with proper reasons rather than simply staying away.
What is the difference between a charge and a discharge?
A discharge releases the accused before trial because the record does not disclose sufficient ground. A charge is framed when ground exists, and the accused then faces trial on that charge.
What if the police filed a closure report instead?
A closure report says the police found no case. The magistrate may accept it, order further investigation, or, on a protest by the complainant, proceed against the accused. The complainant can file a protest petition opposing the closure.
FileX Advocates & Legal Consultants, Kolkata, drafts and files these matters before the Calcutta High Court, City Civil and Sessions courts, magistrate, family, consumer and tribunal forums. Call +91 7439811422 or WhatsApp us for a free first consultation.