Charge Sheet
Guest
(Querist) 22 October 2010
This query is : Resolved
Is there a time limit for filing of chargesheet by police. I am charged in 498A case and police came to arrest me in July this year and then I secured a bail.Its about more than three months but the chargesheet is not yet filed. As per my knowledge the police need to file a chargesheet within 90 days. The case was filed in May but the action was taken in July so fromdate of filing of FIR it is 6 mths and from the date of action about 3.5 months.
Please advise.
Raja
(Expert) 22 October 2010
U/s 167 (2) CrPC of CrPC the time limit is prescribed for filing the charge sheet
(i) Ninety-days, where the investigation relates to an offense punishable with death, imprisonment for life or imprisonment or imprisonment for a term of not less than ten years.
(ii) Sixty days, where the investigation relates to any other offense
In your case, the time limit is 90 DAYS. But the Police and linger, siting the word "investigation continued" and there is no limit. But, it is a good ground for you, for any of your court proceeding. And since, you have written that, you have already got bail, so I think, your case will not be a complicated one. Speak to your advocate and accordingly proceed.
Devajyoti Barman
(Expert) 22 October 2010
The limit of 90 days is only with regard to the granting of bail only. If after 90 days the police fails to submit the charge sheet the accused will get the bail as a matter of right. There is nothing in the Crpc which prescribes any time limit for submitting the charge sheet.
Kirti Kar Tripathi
(Expert) 22 October 2010
agree with Mr. Burman. no time limit prescribed for filing of Charge Sheet in Cr.p.c.
SANJAY GUPTA
(Expert) 23 October 2010
The limit of 90 days is only with regard to the granting of bail only. I agree with Mr. Burman but not agree on the later suggestion that there is no time limit, there is time limit for filing the charge sheet and is two years from the date of arrest of the accused person in this case and it is applicable in West-Bengal as state amendments and definitely had state amendments in your state.
s.subramanian
(Expert) 23 October 2010
For certain offences alone law prescribes period of limitation to file charge sheets. If in such cases the charge sheet is not filed within such time the court can refuse to take cognisance and reject the same on the ground of limitation. But in cases of most serious and heinous offences,there is no such limitation period.
Sri Vijayan.A
(Expert) 23 October 2010
There is a bar for taking cognizance after lapse of the period of limitation.
AS per S.468, Cr.PC, no court shall take cognizance of an offence of some category, after the expiry of the period of limitation.
The period depends on the offence
