shantilal k. patel (Chartered Accountant) 01 March 2013

Time limit to file criminal case for defamation u/s 499(ipc

01st March 2013

Dear friends,

As per section 75 and 76 of Law of Limitation a Civil Suit for defamation has to be filed

within one year.

What about time limit for Criminal case for defamation u/s 499 of the I.P.C.? Is it one year

or three years? Under which section it is stated?

Please advise.

Yours Sincerely,

S.K.PATEL

9892485457

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2 Replies

Rahul Kapoor (Legal Enthusiast) 02 March 2013

hello,

it will be three years.

refer to section 468 CrPC.

ragards-

rahul.gogreen@gmail.com

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 02 March 2013

Dear Querist

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.

¹[(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.]

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