(a)When an officer-in-charge of a police-station on completion of an investigation under Chapter XIV, Code of Criminal Procedure, finds the charge proved and proposes to proceed against any person, he shall, notwithstanding that he has failed to arrest all or any of the persons against whom the charge is proved, at once submit a charge-sheet in B.P. Form No. 39, which is the report prescribed under section 173, Code of Criminal Procedure. Thus a chargesheet shall be submitted when the accused is absconding or is sent up for trial in custody or on bond (section 170, Code of Criminal Procedure). In cases where an accused is absconding, the investigating officer shall submit with the chargesheet a list of the absconder's property so that the Court may issue attachment orders.(b)The following instructions shall be observed :-(i)The charge-sheet shall be sent by the quickest means to the Court officer for submission to the Magistrate. When a prima facie case is made out in a case in which articles have, been sent for chemical analysis, the charge-sheet shall not be delayed till receipt of the Chemical Examiner's report. If a case in the first instance is reported in final report form, but subsequently by the Magistrate's order or otherwise, the accused person is placed on his trial, the final report form shall be cancelled and a charge-sheet submitted. If, on transit from a police-station to the Court, an accused person absconds, the charge-sheet form shall stand. The case shall be kept pending till the absconder is arrested, or till his arrest is considered hopeless.(ii)When submitting a charge-sheet, the officer-in-charge of a police-station shall communicate in B. P. Form No. 40 or 40A, the action taken by him to the person, if any, by whom information relating to the commission of the offence was first given.(iii)Lists of property stolen, lists of property found on parties arrested, reports on previous convictions, the bail and recognisance bonds executed under section 170, Code of Criminal Procedure (Forms XXV and XXVI of Schedule V, of the Code), and a map in cases in which the rules require a map, shall be attached to the chargesheet form. Only the precise particulars as required by the column headings shall be noted in the chargesheet. The chargesheet shall be given an annual serial number and counterfoil shall be kept at the police-station. Superior officers of police may not return or detain a chargesheet once submitted by the investigating officer. They may, however, direct a further enquiry pending the instructions of the District Magistrate. If the correct name or address of the accused has not been ascertained the investigating officer shall ask that a remand be applied for.(iv)A police officer sending up an accused person for trial shall certify on the back of the chargesheet that he has carefully examined the register of persons convicted (Village Crime Note-Book, Part II), and that he has in all other respects made full enquiry whether such accused person has been previously convicted. A similar certificate shall be given regarding absconders against whom a charge is proved. Should previous convictions be ascertained, a short report of all particulars concerning them, including the names of any person who can prove each previous conviction, will be sent with the chargesheet to enable the Court officer to prove them under section 511, Code of Criminal Procedure. In addition to the certificate referred to, the investigating officer, when the accused is charged with an offence for which enhanced punishment can be given on re-conviction, shall note on the back of the chargesheet as to whether the accused has resided in his jurisdiction for a period of more or less than 10 years.(v)When the entry regarding the previous conviction of the person sent for trial would, under existing rules, be in the register of another station, the investigating officer will note this fact on the chargesheet and inform the officer-in-charge of that station that such a person is being sent for trial, in order that the latter may search his station register and supply direct to the Court officer the required particulars about his previous conviction. On receipt of this report, the Court officer shall attach it to the chargesheet. The receipt, however, of such information in no way relieves a sadar Court officer from the performance of the duty of searching the index to the register of convictions and ascertaining whether any conviction other than those noted by the station-police are entered therein against an accused person. Enquiries should not be made in Nepal as the antecedents of person professing to reside-in that State.(vi)On the duplicate of the chargesheet shall be entered in red ink the number of the volume and page of the conviction (Village Crime Note-Book, Part II) and surveillance registers in which the convict's name has been registered, and in all cases declared true, whether convicted or not, the number of the entry in the property register, if any, shall also he noted.(vii)The antecedents of each accused person shall be noted on the back of the chargesheet under one or other of the following heads :-(1)Known thief, dacoit, robber.(2)Vagrant with no fixed residence.(3)Suspicious character.(4)Habitual drunkard.(5)Prostitute.(6)Good character.(7)Antecedents unknown.
