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Time limit for filing charge sheet

Page no : 2

Tajobsindia (Senior Partner )     01 May 2011

@ Author (mr. M. Munikrishnan)

1. As per S. 167 (2) CrPC  of CrPC the time limit is prescribed for filing the charge sheet are as follows;

1.1 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.


1.2 Sixty days, where the investigation relates to any other offense


Therefore in your case the time limit is SIXTY DAYS if there is only S. 420 mentioned (where the imprisonment in this section is maximum for 7 years and fine).


2. However in case of continuing offence there is no time limitation as the continuing offence give fresh cause of action for taking the cognizance and then there refer to the section S. 468 and S. 472 CrPC.


BTW, is my guess that only S. 420 there correct for this brief purpose as I intentionally ignored other IPC sections which to my guess may not have passed test at cognizance stage ?

 

 

Vishwanath (business)     02 May 2011

Learned Friends,

Is there a mention of NO TIME LIMIT to file chargesheet anywhere in the Act / else where? May I have justification towards the same. For example - What would be the maximum time as per a prudent person required to file chargesheet in petty cases like 420! Does it need one year, two years or seven years for that matter!

Regards,

Vishwanath

Vishwanath (business)     05 May 2011

Learned Friends,

Section 173 CRPC clearly states that investigation shall be completed without unnecessary delay..Hope this clarifies the doubt of no time limit to file chargesheet

Regards,

Vishwanath
 

Vishwanath (business)     15 June 2012

Learned Friends, 

May I request my senior advocates to kindly advise and guide me on the same

 

Regards,

Vishwanath


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