Limitation period to file case u/s 182, 211, 499 r/w 500
EASWARI VIS
(Querist) 29 March 2020
This query is : Resolved
Dear Sirs,
Kindly give me the limitation period applicable for a case to be filed under Sections 182, 211, 499 r/w 500 in a criminal case wherein we have been discharged in all respects.
It was a false a FIR and we contested during at the time of framing of the charges. The Hon'ble Judge accepted our arguments and formally discharged.
Now, we want to file the case under Sections 182, 211, 499 r/w 500 for having filed a false FIR since we suffered a lot due to the same.
Kindly give the limitation period applicable for each of the sections separately.
Apologies for the inconvenience if any caused in this matter.
With best regards,
Mrs.Rishi Gupta
Raj Kumar Makkad
(Expert) 29 March 2020
You want to file a case seeking compensation for filing facile FIR against the complainant. You may file it after 30 days of such order of discharge, however, it shall be better for waiting for some more time.
Neither separate limitation is prescribed in Criminal Procedure Code nor it is required as the FIR was one and the same for all the sections you mentioned.
Dr J C Vashista
(Expert) 30 March 2020
It has to be filed within reasonable time, no limitation is prescribed for filing a case for defamation.
P. Venu
(Expert) 30 March 2020
Section 468 of the CrPC provides for period of limitation:
Section 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.]
As such, offences under Section 182 and 499 IPC invites period of limitation. The position as to offence under Section 211 is also not different except in the case of the false charge of offence punishable with death or imprisonment for term of 7 years or more:
Section 211:- False charge of offence made with intent to injure
Whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;
And if such criminal proceeding be instituted on a false charge of an offence punishable with death imprisonment for life, or imprisonment for seven years or upwards, shall be punishable with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Rajendra K Goyal
(Expert) 30 March 2020
It is advisable to wait for some time, let the limitation time for appeal for the case against you exhaust.
Legal position well explained by the expert P. Venu.
T. Kalaiselvan, Advocate
(Expert) 30 March 2020
Expert Mr. P Venu has given an elaborate answer to your question.
You may now decide your status i.e., the time from the date of discharge till date for computation of the period of limitation
Raj Kumar Makkad
(Expert) 30 March 2020
I completely differ with the advice of expert P. Venu supported by another expert T. Kalaiselvan.
It seems that the reply has been given without going through the facts of the post. The author do not want the limitation within which the action under those sections can be got initiated so there is no use to copy and paste the provisions as contained in Criminal Procedure Code or Indian Penal Code.
His sole question is after getting discharge in a FIR lodged under those sections, he being discharged accused wants to file a case against th complainant so as to teach him a lesson and asks what is the time to file that suit.
It is my humble request to all the experts to kindly go through the query first and confine only to the query without lingering the same without any reason except to increase the number of the posts and thus to earn more marks on this site. I shall try from today onward to start it from myself.
Rajendra K Goyal
(Expert) 31 March 2020
With due regard to experts,
The author has asked limitation regarding each section.
The reply of expert P. Venu contains limitation in regard to each section.
Raj Kumar Makkad
(Expert) 31 March 2020
With due regard to expert Rajender Goyal! Kindly refer to your comment above. I pray to kindly again go through the post of the author and the reply offered by expert P. Venu.
Does the reply meet the requirement of the author? Merely citing provisions of the sections is not the requirement of the author rather he wants the limitation under each section for taking action after getting discharged.
Better to review the reply.
Rajendra K Goyal
(Expert) 01 April 2020
The author has been advised sufficiently, for any further advice it is necessary to go through the case file fully. Local lawyer should be contacted.
The author has not mentioned what type of case was against them.
