Civil Procedure Code (CPC)

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Period of Limitation for filing Cri.Complaint as well as Civil Suit for Defamation with Amount of Court Fee & Designation of Court/s

Sir, I want to know reg.time period of Limitation for filing Cr. Complaint as well as for filing Civil Suit for damages. Remarks were passed in writing in year 2002/2003 but came in my knowledge about a year back through RTI Info.Also about Amount of Court fee at the time of institution of case/s. N. S. Tiwana, Major partner of a City Petrol Pump.


 4 Replies

P. Venu (Advocate)     10 May 2020

The limitation for filing a criminal complaint depends upon the offence involved, as laid down by Section 468 CrPC:

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.]
 
As regards to the limitation for the action for damages, the limitation, to my knowledge, is three years.
 
The amount of Court Fee varies from State to State.
 
1 Like

Deekshitulu.V.S.R (B.Sc, B.L)     11 May 2020

one year for criminbal complaint when the factg of defamation came to ur knowledge. under Civil law thre years for damages.  Court fees depends on your estimated damages for lible and slander.

Narinderjit singh Tiwana   14 May 2020

Ref. my query reg.time limit for filing cri complaint dtd. 10.5.2020,time limit has not been mentioned clearly. Kindly read the text of my query & then, the answer be given. Thanx. N. S. Tiwana from Hisar(Hry.)

P. Venu (Advocate)     14 May 2020

Please read crefully the provisions of Section 468 CrPC.


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