Complaint under crpc 195
AKHILESH SRIVASTAVA
(Querist) 04 November 2013
This query is : Resolved
Is there any limitation in filing complaint under CrPC 195 and CrPC 195 covers IPC 466 ?
Nadeem Qureshi
(Expert) 05 November 2013
Dear querist
read section 468 of Cr.pc for limitation.
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
1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.
(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 term exceeding one year but not exceeding three years.
(3) 1[ 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.]
Nadeem Qureshi
(Expert) 05 November 2013
section 466 of IPC is related to punishment of seven years so the limitation will not be applicable
Raj Kumar Makkad
(Expert) 06 November 2013
Section 195, does not bar the trial of an accused per- son for a 'distinct' offence disclosed by the same facts and which is not included within the ambit of that section, it has also to be borne in mind that the pro visions of that section cannot be evaded by resorting to device or camouflages. The test whether there is evasion of the section or not 'is whether the facts dis closed primarily and essentially an of fence lor which a complaint of the Court or of the public servant is required'. In other words, the provisions of the sec tion cannot be evaded by the device of charging a person with an offence to which that section does not apply and then convicting him of an offence to which it does, upon the ground that such latter offence is a minor offence of the same character, or by describing the offence as being one punishable under some other section of the Indian Penal Code, though in truth and substance the offence falls in the category of sections mentioned in the Section 195, Cr. P. C. merely by changing the garb or label of an offence which is essentially an offence covered by the provisions of Section 195 prosecution for such an offence cannot be taken cognizance of by misdescribing it or by putting a wrong label on it."
