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yasaswi gomes (.)     23 April 2021

Resolution

Hi,

Is it true that an FIR must be logged within 3 years if the cognizable offence punishment is three years?

Is it true that an FIR must be logged within 7 years if the cognizable offence punishment is seven years?

Is it true that IPC section 339 great grief can be used as an anticipatory bail? How to file this section?

txs



Learning

 8 Replies

Dr J C Vashista (Advocate)     23 April 2021

Be specific and clear in your query with facts.

Prima facie it is an examination hall question paper, please avoid on this platform..

Sankaranarayanan (Advocate)     23 April 2021

i do stand with Dr vashista ji., 

Pradipta Nath (Advocate)     23 April 2021

FIR is based upon the gravity of offence required first action and not on the doctrine of acquiescence! 

yasaswi gomes (.)     23 April 2021

The first two questions are related to something like Code of conduct and sections. Does it ring any bells to anyone?

P. Venu (Advocate)     23 April 2021

What are the facts? What is the context?

1 Like

yasaswi gomes (.)     23 April 2021

Nice, if someone committed a crime which will result in 10 years of punishment, like someone stole my mobile, wallet, and I want to give a complaint after 15 years.  I heard that the law prohibits me from logging an fir on them because the fir time limit is 3 years only. Is that true? That was an example only and I lost three mobile phones by the way worth 1,10,000 ₹. All stolen!!

Can someone kindly tell me where can I find that kind of rules to read?

Pradipta Nath (Advocate)     23 April 2021

There is no limitation period for filing a criminal complaint, though a delayed filing may have an adverse effect. Nevertheless, not all complaint are treated as FIR, it depends upon the gravity of offence like murder or attempt to murder or rape or offences under POSCO and likewise.

1 Like

yasaswi gomes (.)     23 April 2021

Everyone seems intellectual, but I have bigger problems! I want to book a IPC 420, 2 attempted murder and theft cases on a foreign company in a foreign country. I was going through Code of Conduct Numbers and came across ‘an offender can be arrested in India, America, UK, AU & on the Moon’ if he committed a crime in India and escaped. When I approached the police, they are unable to log in an FIR. Any suggestions please?


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