Limitation to file complaint

inderjeet (Querist) 30 May 2018 This query is : Open
Four years ago woman was harassed, humiliated and molested by an employee but no action was taken. After 2 years old dismiss from job on false ground. Case of harassment filed in civil court. Can I also file policy police complaint against that employee after 4 years.

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SHIRISH PAWAR, 7738990900 (Expert) 30 May 2018
Police complaint after 4 year will be out of limitation.

inderjeet (Querist) 30 May 2018
That's mean no case can you be registered with police

Isaac Gabriel (Expert) 31 May 2018
Action for the lapse already finalised by dismissal.Filing criminal case would amount double jeopardy.

Sudhir Kumar, Advocate (Expert) 31 May 2018
Nothing understood. who is dismissed and how are you connected.

inderjeet (Querist) 31 May 2018
While in private organisation husband transfer to far away place and in his absence wife was harassed,humiliated and molested. She complains but no action taken. After 2 years husband dismiss from job. Case filed by husband in labour court and in civil Court for damages and harassment. Query is how can lady file complaint against that person and after 4 years.

Guest (Expert) 01 June 2018
Does not seem to be a real problem.

inderjeet (Querist) 01 June 2018
Who has faced this he knows the real problem and no lady will make herself embarass especially like our country who is struggling for justice. Please suggest.

Ms.Usha Kapoor (Expert) 02 June 2018
There is a difference between FIR and police complaint. Police complaint deals about both cognizable and NON Cognizable CASES> Whereas FIR deals with only cognizable cases.You can file criminal/police complaint now and show convincing reasons to the police for delay in filing.

For criminal case, there is no time limit as prescribed under the Indian Limitation Act. However a delay in filing a complaint against the culprit in criminal cases has adverse effects. It is usually argued that knowing that a particular crime is being committed and then remaining silent on it means that by your conduct you have already condoned the act by not initiating any action. It is advisable that if you want to take a criminal action, you must show that you were not aware of the facts when the of fence was committed however as and when it came to your knowledge, you took the steps. Otherwise adverse inference will be taken that you purposefully delayed and the story so put forth may be seen suspiciously by the investigating officer/court etc.

inderjeet (Querist) 04 June 2018
Outrage modesty of this women is cognizable

Ms.Usha Kapoor (Expert) 05 June 2018
In my view its better you file a Private or police complaint against the accused although 4 years have elapsed since there is no time limit is there for filing criminal matters or proceedings.

inderjeet (Querist) 06 June 2018
Can national commission woman help to get the case registered

Ms.Usha Kapoor (Expert) 07 June 2018
Please try for it.

inderjeet (Querist) 07 June 2018
Under section 354 punishment can be 1 to 5 years after 2013 in law and same is out of limitation

Ms.Usha Kapoor (Expert) 08 June 2018
I stick to my view as above.

inderjeet (Querist) 11 June 2018
Police not ready to file complaint against the culprit as no witness.

inderjeet (Querist) 25 June 2018
Can approach court

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