The SC in the case of Ritu Chhabria v. Union of India held that incomplete chargesheets filed by investigative authorities to deny regular bail violate rights of an accused. This decision was criticised for hampering further investigation powers under section 173(8). This post argues that 173(8) is meant to allow additional evidence after a complete chargesheet is filed, not to continue incomplete investigations. The Court should clarify that incomplete chargesheets are not true 173(2) chargesheets, so further investigation must first yield a complete chargesheet before any supplementary ones. This would not affect 173(8) powers but would protect against misuse of incomplete chargesheets to deny bail.
The post Incomplete chargesheet and further investigation – A convenient tool to delay custody of an Accused appeared first on Law and Other Things.