Saturday, October 24, 2009

What is the limitation time to file a suit upon criminal procedures?


Answer:
Time limitation of filling any criminal complaint in India is provided under section 468 of the Criminal procedure Code as:- 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.
In CA, the DA has one year to file criminal charges from the date of citation/arrest
You will need to provide additional information in order to receive a valid response. The statute of limitations varies dependent on the offense and the state in which it was committed.
Check with the lawyer. Each state (location) is different.

It also depends on the crime, in some case there is no limit and in other case it is 72 days this is in same state.
in India, a First hand Information report (FIR) has to be registered within 24 hours of the incident.
Please check with the nearest police station.
If you commit a crime in NC and are picked up 6 years and 364 days later, you can still be charged for the crime, but the statute of limitations varies from state to state.
There is no statute of limitation in India for criminal offences in India, as in the USA. But the gravity of the crime would be dwindled with efflux of time. Also material witnesses may disappear and material evidenceserased,destroyed or lost. Investigation will be much hampered and the police may find it very difficult to track the culprit and collect evidence for a sustainable charge which will stand the test of trial.
The exception is S 138 of the negotiable instruments Act, (cheque bouncing cases) where special limitations have been prescribed for various stages, and mind, this is to be prosecuted by the complainant in a private petition under S 200 of the Cr.P.C.
For your information no suit can be filed under criminal procedure.

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