Charge Sheet filing issue.
Querist :
Anonymous
(Querist) 15 July 2011
This query is : Resolved
My opinion is concern & the other LD members opinion & answer are concern section 468 of the crpc, 1973 is applicable for filing the charge sheet but what if the offence is punishable more than 3 years as given under section 468(1)(c) than whay will be the time limit ? If any judgment then do pls post it here. I request to post as many judgment on the subject of time limit of filing the charges sheet in the court.
468. Bar to taking cognizance after lapse of the period of limitation.
(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
(a) Six months, if the offence is punishable with fine only;
(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
thanks to all.
Arun Kumar Bhagat
(Expert) 21 July 2011
There is no limitation for taking cognizance if the punishment is more than 3 years.Lakhubhai Pathak-Vs. Narsimha Rao ( PM of India)was instituted after 20 years.It was cheating case.
