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aatma   09 July 2008

Time limit to file Dowry case in Tamilnadu

Dear Members,

Is there any time limit to file Dowry Prohibition sections 3 and 4 case in Tamilnadu?

In False 498a r/w DP4:

The complainant says that the dowry was given and taken on the engagement day August 2005.

She does not mention about any dowry related harassment after two years of the first event (between September 2005 - June 2007)

Then filing false 498a and DP  in April 2008 and mentioning that dowry demand was made in  July 2007 and April 2008.

Would police file DP3 for 2005 event and DP4 for 2007, 2008 events?




 6 Replies

Guest (n/a)     09 July 2008

dear member,

I think limitaion period of DP 3,4 r/w 498a of IPC is mention in 467 , 468 of Cr.p.c . there is three year limitaion  for filying  complaint.

                                                                                          thank you

Kanhaiya Singh (Advocate)     10 July 2008

Dear AM,
I cann't say as to whether there is any limitation imposed by Tamil Nadu.So far the offence u/s 498-A IPC is concerned, it has been
declared by SC in many of its decisions "as a continuing offence".
1 Like

aatma   10 July 2008

Thank you Sirs.

In the FIR police mentioned only IPC 498a r/w DP act section 4, and 506(2).

If police/court consider this as "continuing offence", I expect they have to file DP act section 3 which will bring my family for taking dowry and complainant's father for giving dowry.

Actually it is a false allegation, but complainant has given written complaint  (on april, 2008) and recorded in FIR that on the engagement day (august, 2005) we demanded dowry and her father accepted the demand and has given the dowry. 

Can I ask/file DP3 against her father for giving dowry. Then they will tell the truth.

Please correct me if I am wrong in my idea.




Kanhaiya Singh (Advocate)     11 July 2008

You are right. Under the allegation,Sec.3 of the D.P.Act should have been added.But for prosecuting u/s 3,sanction is required.So,the police might have left that section.With the offence u/s 498-A IPC,the entire allegations is covered under the definition of the continuing offence for which no limitation can be imposed for taking cognizance.

aatma   13 July 2008

Thanks Mr. Singh.

Please, what is sanction?

How could police leave a crime even after the complainant brought this in to their knowledge? Even the police recorded such information in the FIR, but witout filing that crime under appropriate section?

Kanhaiya Singh (Advocate)     13 July 2008

Dear Aatma,

                       Major part of the offence is covered u/s 498-A IPC & sec.4 of the D.P.Act, so police might  not have taken pains for obtaining sanction from the concerned authority for further prosecution u/s 3 0f the D.P.Act.


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