Complaint time
kaur
(Querist) 12 May 2018
This query is : Resolved
If any married lady is harassed, tortured, humiliated and her modesty hurt can she file complaint after 5 years.
P. Venu
(Expert) 12 May 2018
You have not posted the material facts.
Ms.Usha Kapoor
(Expert) 13 May 2018
Punishment for outraging the modesty of a woman is fine or imprisonment o f1 year or both.section
section 454 IPC://www.lawyersclubindia.com/Default.asp?8 of Cr.PC deals with – Bar to taking cognizance after lapse of the period of limitation
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.
The period of limitation shall be-
1.six months, if the offence is punishable with fine only;
2.one year, if the offence is punishable with imprisonment for a term not exceeding one year;
3.three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
So for offense of modesty punishment is 1 year. According to ;limitation for criminal complaints limitation is 1 year if the punishment doesn't exceed one year. in OUR CASE trying TO PROSECUTE AN ACCUSED AFTER 5 YEARS AS EVIDENCED BY THE ABOVE PROVISIONS OF Cr.P.C IS ON E YEAR. hence CRIMINAL COMPLAINT IS TIME BARRED.However court may in its discretion allow such time barred complaints also top meet ends of justice.There is no strict rule of limitation in criminal law.
According to Supreme court Full Bench in Criminal Law limitation starts from date of complaint and not from date of cognizance.
Ms.Usha Kapoor
(Expert) 13 May 2018
You can try filing or reopening the case even now after a gap of 5 years in view of the above discussion.
Guest
(Expert) 13 May 2018
Vague query. Who has harassed tortured, humiliated, or hurt the modesty of the married lady, her husband or someone else?
Kumar Doab
(Expert) 13 May 2018
Ms. Usha Kapoor has provided with inputs ..
Approach a very able senior counsel of unshakable repute and integrity specializing in Family/civil matters and having successful track record ….. and worth his/her salt …and discuss in person and proceed in best of your interest..
If anyone has attacked modesty of woman there are provisions jn law to provide relief..
Guest
(Expert) 13 May 2018
When Mr. Kumar Doab, a fake expert with unreal name, knows that Ms Usha Kapoor has provided with inputs, what is the relevance of reminding you about that?
Further, when Mr. Kumar Doab, the fake expert, knows that Ms. Usha kapoor has provided with inputs, what is the relevance to ask you to approach a very able senior counsel of unshakable repute and integrity in family/ civil matters and having track record ...... and worth his/her salt? That clearly indicates that he considers himself and Ms. Usha Kapoor to be not reliable, having no such qualities, as suggested by him.
However, you may be justified to ask him, how to locate a lawyer, who may be having all such qualities, as you may have to spend the whole life to find such type of lawyer with all the traits mentioned by him, but would not find any such? But beware from any such other fake expert that Mr. Kumar Doab may recommend you for whom he may be acting as a tout or commission agent.
