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M. Munikrishnan (Bank Executive (Retired))     27 March 2011

Time limit for filing charge sheet

What would be time limit for filing chargesheet u/s IPC 120-B r/w 420, 468 & 471 as also under PC Act -sec 13(2) r/w 13(1)(d)



 18 Replies

pratik (self working)     28 March 2011

I would like to have the answer & also the generaltime limit in any case for filing the chargesheet. 

adv. rajeev ( rajoo ) (practicing advocate)     28 March 2011

Normally within 90 days

Arvind Singh Chauhan (advocate)     28 March 2011

If the accused is under custody, period is 90 days, other wise it would be governed by 468 Cr.P.C.

1 Like

M. Munikrishnan (Bank Executive (Retired))     28 March 2011

Thanks to both of you. 

JasRaj Rajawat ( Advocate)     28 March 2011

When accused is incustody 90 days as pper section 167 Cr.p.c. 1974 and if not in custody no limit has been prscribed by law.

JS Rajawat, Advocate

JasRaj Rajawat ( Advocate)     28 March 2011

Only in case of custody of accused and that only puropose of bail, otherwise no limit u/s 468 cr.p.c.

JasRaj Rajawat ( Advocate)     28 March 2011

If person is in custody 90 days only purpose of bail . If chage sheet is not filled in that period person in custody has right of bail, otherwise for offence punishable more than 3 years has no limit.

Advocate Dinesh Rajpurohit ( Advocate)     29 March 2011

law says charge sheet should be file within 90 days, but is not mandatary. 

anil kumar (law student, ex IPS)     21 April 2011

Since the sections involved have imprisonment of 7 years , section 167[2][a][ ii], the investigation has to be completed for bail purposes within 60 days and not 90 days. I differ on this point with my learned friends

Vishwanath (business)     29 April 2011

Learned Friends,

I agree that no where has the time limit to file chargesheet been mentioned and whatever time limit mentioned is if the accused is in custody. But, does it mean that if the accusations are false or that the accused has been wrongly implicated to cause harassment, he has to keep suffering the regular attendance before the IO. If the punishment as per the said IPC section is 7years, does the accused have to wait helpless for seven years for filing of chargesheet? How funny is it! Is this what has been prescribed! Is there a procedure for early disposal of the case where as the accused has every right for early disposal!

Regards,

Vishwanath

Vishwanath (business)     29 April 2011

Mr .Jasraj Rajawat,

Sec.468 IPC prescribes time limit for taking cognizance by the court and no where does it mention about time limit for filing chargesheet!So, I believe that it would be a wrong notion that 468 prescribes time limit for chargesheet. Let's be specific on time limit for chargesheet. If there is no time limit for chargesheet, high handedness is bound to ruin the innocent.

Regards,

Vishwanath

M. Munikrishnan (Bank Executive (Retired))     30 April 2011

I agree with Mr vishwanath.   Any delay is denial.   If there is no time limit, it defies logic.    Since this forum has lot of learned & experienced counsels, they can be of immense help in throwing more light on this issue.  They can also be an  instrument in getting such acts amended. 

1 Like

Vishwanath (business)     01 May 2011

Learned friends,

As known to everybody if chargesheet is not filed within 90 days, the accused is eligible for bail, so it does mention time of 90days, but it does not mention anywhere that if the accused is not in custody, there is no time limit to file chargesheet. This is for your kind consideration..

Regards,

Vishwanath

Sidharth Aurora (Advocate)     01 May 2011

Chargesheet is the prerogative of the Prosecution........and marks the end of investigation.Although no time limit does pave the way towards complacency but the Law is correct in not to impose time restrictions in conducting investigations..However if the accused is in custody......that's a different story u/s.167 Cr.P.C

Dr. Sidharth Aurora

ADVOCATE

09717315444


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