Hi, you can register a FIR under section 323 and 506 for causing hurt and threatning
My name is Mayank jain the guy name joshwa has beaten me. What legal action I can take.
Hi, you can register a FIR under section 323 and 506 for causing hurt and threatning
Hello,
Go ahead and file an FIR and get your medical done, so that the injuries are reported in the medical report.
Regards
You can file a FIR with the police station for beating and hurt based upon injury section will be applied get a medical certificate.
But they beaten me 1 years ago but because of no legal help I didn't filed a case
Where have you mentioned in the previous query that this happened one year back, advise was given to you thinking that it is a recent incident. Anyways, since it has been one year, you can not lodge a complaint now because of the delay. However, if you have some medical evidence with you then you may go and file a complaint in the police station.
regards
Sir thank you for you kind ratings, if he has beaten you a year ago then the limitation act will apply as under the CRPC as for beating the punishment is of one year so the limitation shall apply and you cannot take any action.
For beating the section applicable is 323 IPC Section 323 in The Indian Penal Code
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 468 – Bar to taking cognizance after lapse of the period of limitation
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.
The period of limitation shall be-
six months, if the offence is punishable with fine only;
one year, if the offence is punishable with imprisonment for a term not exceeding one year;
three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
Approach the Police and narrate your ordeal to them and request them to lodge a FIR. It is better you take a written compliant to them wherein you should narrate all that happened with you.
If you have been assaulted do you have any medical certificate as to nature of injuries
File police complaint against said person
If you have been assaulted one year back what were you doin for one year
The delay in filing complaint has to be explained
Simply go to the police and file FIR under section 323 against those who have beaten you
1) You can make complaint against him in the nearest police station and ask for further help from them.
Dear client:
For beating the section applicable is 323 IPC Section 323 in The Indian Penal Code
323. Punishment for voluntarily causing hurt.—Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
Section 468 – Bar to taking cognizance after lapse of the period of limitation
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.
The period of limitation shall be-
six months, if the offence is punishable with fine only;
one year, if the offence is punishable with imprisonment for a term not exceeding one year;
three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
You can only file a criminal complaint if you are the actual victim of a crime. You must file the complaint within three months of the incident.
Dear Sir,
It depends upon grievousness of injury you sustain. You must also explain the delay for not lodging complaint. Then you must support your injuries if grievous in nature by medical records. If you can satisfy all above then you can file complaint before police, if refused then approach Magistrate under section 200 Cr.P.C. Section 468 deals with limitation to lodge complaint.
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Section 468 in The Code Of Criminal Procedure, 1973
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
1. Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974 ), s. 2 end Sch.
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for term exceeding one year but not exceeding three years.
(3) 1 For the purposes of this section, the period of limitation in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
Limitation for filing a complaint varies according to nature of offence if you have received simple hurt then you should have lodged complaint immediately. If you received grevious injury you can file at later stage. In your complaint you need to mention cause for delay in lodging complaint with police
You may lodge a complaint with the local police against the person who assaulted you and request for proper legal action against him.