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(Guest)

Period of Limitation ?

What does Limiation Act say about period of limiation of following;

- S. 24 HMA  ?
- S. 125 CrPC ?
- DV Act ?
- Dowry as per DPA ?
- S. 498 a IPC ?
- S. 18 / S. 20 HAMA ?
- S. 17 GWA ?

Any 'recent' respective Authority (SC) / D HC and other States views to understand the reasoning part please ?

Rgds

 



Learning

 3 Replies

Ravikant Soni (LAWYER IN JAIPUR)     27 July 2010

Limitation act is itself law of procedure. It works when any proceeding initiated in the court. There is no provision as to respect of your query.

But in CrPC the maximum limitation extent to cognizence is 3 yr for 498a. In so many judgements Honbl supreme court held this crime as non continuing offense.


(Guest)

@ Sh. Soni
 

Thank you, BUT, Before I reply on the applicability of limitation on my asked provisions, I am under below impression reading some Bare Acts read with subject specific binding Law of Hon'ble SC so to speak:-

I wish to highlight that the imprisonment for :

498a - is 3 years
DP Act - is 7 years
DV read with 498a and/or DP Act - is 3 + 7 = 7 years (yes sir, 7 years total)
Penalty / Imprisonment for non-compliance of CrPC 125 after Execution petition - is 1 month (for each such violation) (I am not aware if it is criminal imprisonment or civil and I am open for correction by Ld. Members)
HMA 24 (Civil) after Execution Petition - 1 month (as in (4) above, but mind you,
its CIVIL IMPRISONMENT, not criminal) and diet money for keeping in Jail is paid by srimati ji / her family
Same with HAMA, all maintenance related sections of DVA
GWA
- I am blank on imprisonment clause and ld. members may quote authority while further educating me

The examples I can simply quote in support of the argument that the above are not bound by the Limitation Act, are the cases that the die hard Indian husbands are facing after 7 or 7 + years of marriage say a gneral public here like me.

I am open for further correction by Ld. members on above.
 

Rgds. 

Rajeshwer Rao (ADVOCATE PRACTICE)     08 August 2010

Refer sec 464 Cr.P.C for limitation. 


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