Dear Sir,
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. as a juvnile after seven years discharge from the false cases.
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
Hi,
Limitation period is the maximum period set by statute within which a legal action can be brought or a right can be enforced. The period of limitation under CrPC,1973 varies from six months to three years depending upon the duration of punishment of the offence.
IPC Section 182: Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant -
A) To do or omit anything which such he ought not to do or omit if the true state of facts were known to him, or
B) To use the lawful power of such public servant to the injury or annoyance of any person.
Imprisonment of either descripttion for a term which may extend to six months, So the limitation as per Section 468 Cr. P.C. for an offence under Section 182 IPC is one year.
Section 211: Whoever intentionally causes injury to any person, institutes or causes to institute any criminal proceeding against the person by making/fabricating false charges knowing that there is no lawful ground or proceeding against the person, shall either be imprisoned for a term up to two years or with fine or both.
Maximum punishment for an offence under Section 211 of IPC is seven years and in accordance with Section 468 of Cr. P.C., there is no limitation for taking cognizance of such offence.
Section 499: Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said to defame that person.Section 500, which is in relation to section 499 talks about the punishment for defamation - Whoever defames another shall be punished with simple imprisonment for a term which may extend to two years, or with fine, or with both.
The Limitation period for criminal defamation suit is 3 year since the act of defamation took place.
Further, under the discretion of the court, limitation period could be extended.
I hope this answers your question.
Have a good day!
