With in how many days one can file a criminal case

Nik (Querist) 06 June 2012 This query is : Resolved
Hi There,
What is the time limit for filing a criminal case from the date of crime committed. If both parties know the dates.

Its about cheating of around 50000/- INR which was done in Dec 2011, but I didn't do anything that time. Can I file a criminal case or case under section 420 now, against the other party?

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Arif Iqbal (Expert) 06 June 2012
See section 468-473 Cr.P.C.

Yes you can file a complaint. But you'll have to explain the delay in your FIR/complaint.

Guest (Expert) 06 June 2012
see the above sections of Cr.P.C.

Adv.R.P.Chugh (Expert) 06 June 2012
Since 420 is punishable with 7 years - there is no period of limitation however delay still has to be explained (not hypertechincally each day's delay but overall delay)

Shonee Kapoor (Expert) 06 June 2012
It can be filed anytime, but the delay would need to be explained.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Devajyoti Barman (Expert) 06 June 2012
You are well within time.

Guest (Expert) 06 June 2012
The offence of cheating u/s 420 IPC is punishable with an imprisonment of up to 7 years.

Section 468 of the Cr.PC lays down no limitation period for the court to take cognizance of an offence which entails punishment of more than 3 years.

Hence, you can file the FIR/complaint at anytime. However,the more you delay it, the greater would be the burden on your shoulders to explain the delay.

Nik (Querist) 06 June 2012
Thanks everyone....for your reply.

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