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AMIT CHAKRABORTY   11 July 2016

Speak of bad words (civil law)

What if someone has used bad languages a long time ago,i mean at least a month ago from the current date.can he be sued at today's date?if the opponent has witnesses.I mean suppose i have abused my neighbour a month ago in real bad languages from the current date.can he sue me at today's date with my other neighbours or with a few witnesses.


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 4 Replies

JustAdvisor (IT)     11 July 2016

it depends on context but i have my doubts. hope you have not threatened him or said something about any woman in his family. but lapse of time goes in your favour and you can use it to your advantage.

Gagan Kumar (Lawyer)     14 July 2016

Hi Amit,

Forum discussion may not give you concrete solution. You need to consult a lawyer over the phone or need a face to face consultancy. If interested you can contact GK & Advocates Law Firm (www.gkandadvocates.com). It will save your time too.

 

Gagan Kumar

Env Coord (.)     23 July 2016

If a person has used bad words against someone, he can be prosecuted under Section 504(Intentional insult) or under Section 298 (hurting religious feelings) or under Section 294 (Obscene acts) or under Section 509 (Word, gesture or act intended to insult the modesty of a woman). However, the nature of complaint will decide which sections shall be applicable.

As per the time-limit to initiate or launch a criminal proceeding is given as follows :-

The period of limitation (Time-Limit to file a case) shall be-

  1. Six months from the date of incident, if the offence is punishable with fine only;
  2. One year from the date of incident, if the offence is punishable with imprisonment for a term not exceeding one year;
  3. Three years from the date of incident, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

Just hope that the above limitation periods expire before the opposite party files complaint.

 

 

Env Coord (.)     23 July 2016

If a person has used bad words against someone, he can be prosecuted under Section 504(Intentional insult) or under Section 298 (hurting religious feelings) or under Section 294 (Obscene acts) or under Section 509 (Word, gesture or act intended to insult the modesty of a woman). However, the nature of complaint will decide which sections shall be applicable.

As per the time-limit to initiate or launch a criminal proceeding is given as follows :-

The period of limitation (Time-Limit to file a case) shall be-

  1. Six months from the date of incident, if the offence is punishable with fine only;
  2. One year from the date of incident, if the offence is punishable with imprisonment for a term not exceeding one year;
  3. Three years from the date of incident, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

Just hope that the above limitation periods expire before the opposite party files complaint.

 

 


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