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Deepak (Sr. Software Engg.)     30 July 2023

Limitation for criminal 420

Respected Members, 

Can you please inform the limitation to file criminal 420, fraud, cheating case. 

Regards. 



Learning

 5 Replies

Advocate Bhartesh goyal (advocate)     30 July 2023

If FIR u/sec 420 IPC is registered to police then no  limitation period is fixed but complaint u/sec 420 IPC is filed before judicial magistrate court then limitation period is three years from the date of incident.

1 Like

Deepak (Sr. Software Engg.)     30 July 2023

Thank you so much Sir! 🙏

T. Kalaiselvan, Advocate (Advocate)     31 July 2023

For the purpose 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."

15. Sub-Section (3) of Section 468 Cr.P.C. provides that 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.

Offence under Section 420 I.P.C. is punishable with imprisonment of seven years and fine, for which no period of limitation is provided in Section 468 Cr.P.C. Therefore, cognizance taken on complaint filed is not barred by limitation, in the light of aforesaid provisions of sub-Section (3) of Section 468 Cr.P.C.

1 Like

Dr. J C Vashista (Advocate )     31 July 2023

Definition of Limitation and Limitation period is applicable for taking cognizance of offences in criminal cases. If the limitation period is over cognizance of offence cannot be taken except in some circumstances.

If the offence is punishable with fine only, the period of limitation is six months and

if the offence is punishable with imprisonment for a term less than 1 year, the limitation period is one year

In case of the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is 3 year. But in some cases there are provisions of exclusion of time. As per Section 473 of CRPC the limitation period can be extended in some cases.

1 Like

Deepak (Sr. Software Engg.)     31 July 2023

Thank you so much Sir! 🙏


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