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Srinivas (.)     05 September 2014

Time limit to file criminal case

Hi All, please advise what is the time limit to criminal case after incident happen?  Please advise. Thanks for ur time..



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 4 Replies

Ashok, Advocate (Lawyer at Delhi)     05 September 2014

Limitation period for criminal cases is laid down in Section 468 of Cr.P.C., which is reproduced below for your information:

 

468. Bar to taking cognizance after lapse of the period of limitation.— (1) Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be—

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

 

(3) For the purposes 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.

Srinivas (.)     05 September 2014

Hi Sir, Is  IPC Sec. 420,463,464,468,506,120B,340,  can file these sections after year? or we have to file before one year? Please advsie.Thanks for your time.... 

Ashok, Advocate (Lawyer at Delhi)     05 September 2014

There is NO time limit, whatsoever, for a complaint in which offences under Sections 420, 463, 464, 468, 506, 120B, 340 IPC are involved.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     07 September 2014


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