DV Case on me after 23 months of seperation.
Section 28 of DV act quotes "Procedure .-(1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by theprovisions of the Code of Criminal Procedure, 1973 (2 of 1974)."
Can i now use CrPC 468 to argue case is not tenable as case max should have been registered in max 1 year.
Section 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;
(b) one year, if the offence is punishable with imprisonment for a
term not exceeding one year;
Domestic violence case is registered after 23 months of the domestic relationship came to an end ie filed after the expiry of the period of limitation thus not tenable.
Note : Court Date is on 31st Jan 2014.