gurmej singh 19 August 2021

can defence struck of application lies if written statement not filed within 90 days in 125 crpc

Quick Summary

In proceedings under Section 125 CrPC, a defence is not automatically struck off for failing to file a written statement within 90 days. The court has the discretion to grant an extension if sufficient reason is provided. Unlike the Civil Procedure Code, the Criminal Procedure Code does not stipulate a strict time limit, meaning the reply should be filed within the time frame set or granted by the court. However, persistent disregard or negligence could still lead to the defence being struck off.

2 Replies

Advocate Bhartesh goyal (advocate) 20 August 2021

No, Court can grant more time to file written statement if non petitioner satisfy the court sufficient reason.

P. Venu (Advocate) 20 August 2021

Unlike the provisions of Civil Procedure Code, Criminal Procedure Code has no laid down any time frame. As such the reply ought to be filed within the time frame set or granted by the Court. Willful disregard and/or chronic negligence could lead the defense being struck off,