• FIR For section 279/337

FIR registered on 08/08/2015 at 2300 hrs.
Released on bail bond of Rs 5000/- after a wait of three hours at police stn at 0200 hrs on 09/08/2015
Charge sheet made on 16/04/2016
Case brought in Court on 19/05/2018. 
Question is that time taken to charge sheet is more than 8 months of FIR. Is it legal?
Again, time taken to put the charge sheet in the court is 25 months after the charge sheet was made. Is it legal?
Asked 4 years ago in Criminal Law
Religion: Hindu

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22 Answers

Hello ,

No maximum period in filing chargesheet is 90 days .

Regards.

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Yes there is no prescribed time for filing chargesheet in case there is delay in charge sheet the accused get benifit of default bail.

In your case you are already on bail so.yes it is.legal chargesheet.

See there is no as such strict provision for filing chargesheet with court also though to expedite proceeding an application can be made before high court, or an application can be filed before trial court to direct IO to file.charge sheet.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

The maximum imprisonment is 6 months in offences and minimum court can just.impose fine dispose case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

They are bailable offence the the accused on fir is arrested and then station bail is granted.

See it will be favourable or not the case has ro be seen further accused can take defence the investigation is biased as complainant is staffer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There is no fixed time for filing chargesheet by thr police but of the accused person is in custody then police try to submit CS within 90 days. Hence it is legal chargesheet.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

Punishment under Section 279 IPC

“Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.”

Punishment under Section 337 IPC

Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Siddharth Jain
Advocate, New Delhi
5925 Answers
101 Consultations

5.0 on 5.0

There is no time limit prescribed for filing of the charge sheet.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

279. Rash driving or riding on a public way.—Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with im­prisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

337. Causing hurt by act endangering life or personal safety of others.—Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

sec.279,337 IPC is for rash and negligent driving

2) you have to contest the case before trial court

3) it has to be proved by the prosecution that the accident was caused due to the rash and negligent driving by the accused

4) In a nutshell to prove the case against the accused the prosecution was under the obligation to prove the following essential ingredients of the offence punishable u/s 279/337 IPC:­

1. Identity of the accused being the driver of the offending vehicle.

2. That the alleged accident is the result of rash and negligent driving of the accused at a public place.

3. The rash and negligent driving of the accused resulted in the injuries on the body of the injured.

5) under section 279 IPC punishable for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

6) under section 337 IPC shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Accused can be released on bail against whom FIR under section 279, 337 IPC is levied

Merely because complainant is staffer of police station would not have favourable impact on accused

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

in view of Section 468 of the Code of Criminal Procedure, 1973, the limitation for filing charge sheet and taking cognizance of offence u/s 279 IPC and u/s 337 IPC is one year from the date of commission of offence

2) Notwithstanding the said prohibition, the court is invested with the discretionary power u/s 473 of Code of Criminal Procedure to take cognizance of an offence even after the expiry of the period of limitation. However, this power can be exercised only if the court is satisfied that the delay has been properly explained or that it is necessary to condone the delay and take cognizance in the interest of justice.

3) in present case charge sheet filed after 8 months is legal

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

There is nothing favourable in this. There is no illegality in delay in filing charge sheet

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

As per Criminal Procedure Code, 24 hour is time for filing charge sheet, but they can seek extension of time for filing charge sheet, as such delay in filing charge it is not illegal

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Dear,

For section 279,337 IPC punishment is 6 months jail and 500/1000 fine

It's bailable offence.

It's a duty of police officer to arrest that person, that's why they arrested so no influence of complaint

do anything

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Sir as your question though is specific to Mr. Sethi but i would try to reply your query since the Crpc 468 is regarding cognizance of offence since in case the compliant is filed the provision of 468 will not be applicable, as 468 is for registering of complaint and not for magistrate passing any order or process as held by SC in Hon'ble Supreme Court of India in Japani Sahoo Vs Chandra Sekhar Mohanty, AIR 2007 SC 2762, for the purpose of computing the period of limitation, the relevant date must be considered as the date of filing of complaint or initiating criminal proceedings and not the date of taking cognizance by Magistrate or issuance of process by a Court.

Further in Sarah Mathew Vs The Institute of Cardio Vascular Diseases, [2013(14) SCALE 404] has also held that for the purpose of computing the period of limitation u/s 468 CrPC, the relevant date would be the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance.

So there is no illegality in time taken by the police as it is well settled principle.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Charge sheet has been filed after period of one year

Application ought to have been filed for condonaton of delay in filing charge sheet by the prosecution

Ajay Sethi
Advocate, Mumbai
87895 Answers
6207 Consultations

5.0 on 5.0

Section 201 of Criminal Procedure Code procedure by magistrate not competent to take cognizance of the case.In your case, FIR already filed. So, sec.468 Cr.P.C. not applicable to your case.

Konda Srinivas
Advocate, Hyderabad
211 Answers
2 Consultations

Not rated

Question is that time taken to charge sheet is more than 8 months of FIR. Is it legal?

Again, time taken to put the charge sheet in the court is 25 months after the charge sheet was made. Is it legal?

There is no question of illegality in this.

You can challenge the same during trial proceedings since this is a favorable situation to you.

The police may give several reasons for delay no doubt not even a single reason would be genuine and it can be established during cross examination of the IO.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

IPC 279 - Whoever drives any vehicle, or rides, on any public way in a manner so rash or negligent as to endanger human life, or to be likely to cause hurt or injury to any other person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

IPC 337 - Whoever causes hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

If complainant is a staffer of the police station registering the FIR,does it have any favorable effect for the accused & is it always the thumb rule to arrest the person against whom section 279/337 FIR has been registered?

If FIR has been registered then you may first obtain AB and then face the trial in the court.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

Charge sheet is signed 8 Months & 8 Days after the crime, but presented in the Court by the Police station 2 Years 8 Months 8 Days after the crime. Does it not fall beyond 1 Year and not maintainable as per section 468 of Criminal Procedure Code 1973 ? So far, Court has not indicated that it has used its discretion under u/s 473. Please comment.

In the practical situation you may not get any relief if you speak laws very strictly hence better arrive at an out of court compromise and try to solve the issues amicably instead of stretching your arguments over good for nothing issues, especially considering the practical situation and the facts involved in it.

T Kalaiselvan
Advocate, Vellore
78050 Answers
1543 Consultations

5.0 on 5.0

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