• Limitation for filing complaints for criminal offence

One Muslim boy, who is a Central Govt employee @ Hyderabad has sent Talaq notices several times to his wife by Registered Post  She has also not lifted her phone to tell Talaq. He approached kazi and got talaq approved by him and also by the Wakf Board. Even those Registered letters were returned by the Post Office as undelivered, as addressee not available. (Of course, there is another move from his part to publish the same in the News Papers)  Now he in unable to marry again with any other girl.  As and when he gets remarried, there is a proposal from the other side to complain to his head of office for bigamy. In that case, he will be suspended and then the enquiry will be conducted, which will be bad record, in his official carrier, though he will be successful at any future date. At any time, they may give a false complaint to the Police, as any other parents of the girls will do. But at the same time, they are not aware of the fact that they are throwing stones from a glass house that he has got so many proofs against them for filing Criminal action, but we do not want to do so on humanitarian views. Only if they do harm, we will proceed. Kindly let me know whether there is any limitation for filing any such criminal complaints. I am a proving FREE LEGAL ADVICE to everybody, but only in genuine cases. Kindly clear my doubts to proceed further.
Asked 1 year ago in Criminal Law from PUTTAPARTHI, Andhra Pradesh
Religion: Muslim
For criminal case, there is no time limit as prescribed under the Indian Limitation Act. However a delay in filing a complaint against the culprit in criminal cases has adverse effects. It is usually argued that knowing that a particular crime is being committed and then remaining silent on it means that by your conduct you have already condoned the act by not initiating any action. It is advisable that if you want to take a criminal action, you must show that you were not aware of the facts when the offence was committed however as and when it came to your knowledge, you took the steps. Otherwise adverse inference will be taken that you purposefully delayed and the story so put forth may be seen suspiciously by the investigating officer/court etc.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0
1. Well of the boy married the lady under Muslim Sharia law then he can remarry even without talaq of the existing wife. Bigamy surely does not apply if the marriage is performed under Sharia Law and not under Special marriage Act.
2. Since the talaqnama returned undelivered , the service is complete and more so when public notice is given in the newspaper.
3. now the boy is free to remarry.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Hello,
1) Of the Muslim boy married as per Islamic Sharia law he can not be inculpated for bigamy as he can marry while the marriage is subsisting if marries under Sharia laws.

2)He cannot get suspended without any inquiry and he will be given an opportunity to explain himself.

3) Apart from this if the talaqnama was returned undelivered it will be treated as if the talaqnama was delivered as the endorsement shows there was willful avoidance in receiving it.

4) News paper publication would be the last nail. And as such the not can proceed to marry without any concern.

5) As regards  filing criminal complaints they must be done at the earliest possible. There's no limitation as such but a delay will adversely affect the merit of the case . Delay can cause defence to take adverse inference in their favour.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Where is the question of bigamy when he has divorced his wife in accordance with the law? His wife is free to challenge the divorce in the court.

2. The limitation is subject to the nature of the complaint and the criminality for which the person is to be prosecuted. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Criminal Complaint  has to be filed within a certain time-limit of the occurrence of the act in question as prescribed by the Limitation Act .Delay in filing a complaint against the accused in criminal cases has adverse effects.

Criminal Procedure Code - Section 468, 469 – Limitation - 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 a Magistrate or issuance of process by a Court .
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Section 468 of CRPC deals with  – 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-
1.six months, if the offence is punishable with fine only;
2.one year, if the offence is punishable with imprisonment for a term not exceeding one year;
3.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.

Section 469 of CRPC deals with   – Commencement of the period of limitation
The period of limitation, in relation to an offence, shall commence,
1. on the date of the offence; or
2. where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or
3. where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Dear Querist
Limitation for filing criminal cases is based on the offence committed by accused persons.

Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
There bus not limitation period to file complaint. But the complainant should give reasonable explanation for delay in filing complaint.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
My sincier advice toyou is, please don't give advice as legal advice to any one.

When you know l advocates can err in giving advice somebtime, you giving advice is very dangerouse for one seeking it from you. Please direct that boy to approach advocate by himself. 

Please don't say advocates advice is wrong. They may have different statergies while advicing and you might not have understood it.

You are fearing about hypothetical situations which may or may not occur and asking him to wait for other side to take first action so that he can reciprocate with counter complaint. 

My question is when it will end. Did you considered amicable solution. How long you will adive your 'client' to wait. When the waiting period will expair.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0
1. The boy should not fear the lodging of criminal cases by the wife. As a senior lawyer you must be aware of the large scale misuse of the dowry laws. So this should not prevent the boy from remarrying once he has divorced in accordance with the law.

2. You cannot possibly stop the other party from filing the complaints. All that the boy can do is exercise his right to defence and fittingly contest the cases in the courts and hope that justice will prevail. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1. There is no time limmit fixed for filing criminal complaint,

2. However, one shall have to explain the reason for the delay if there is extra ordinary/un-reasonable  delay in filing the criminal complaint,

3. Talaq has been approved by the religios authority and the talaqnama has been attempted to be serviced on the otherside,

4. If  Newspaper publication has been made then it will be considered as good service,

5. If the otherside lodges false complaint of bigamy, it is unlikely that based on the false complaint the Head of the office will suspend the said boy without verification of fact,

6. It will be safer for the boy to publish the information of his  2ns marriage in Newspaper, though it is not necessary,

7. The boy can also update his family record maintained in the office by informing in writing that he has divorced his wife and his status now is divorcee. He can attach copy of the Talaqnama approved by the Quazi,

8. After having informed the office about his matrimonial status, the Head of the office will face problem if he takes any unilateral adverse decision and suspends the boy based on any false complaint lodged by his divorced wife.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
1. I strongly disagree with your views for not lodging police complaint against any threats given by the divorced wife,

2. On the contrary, I opine that the boy should immediately file a police complaint against the girl alleging about the treat given by her and her family to lodge a false complaint to his office or take such other measures which will harm him,

3. He should attach the talaqnama, proof of despatch of the Talaqnama  and also the Newspaper cutting  showing the publication of the talaqnama with the said police complaint,

4. The boy had telephoned which was not received. He had sent the approved Talaqnama which was returned. As per law, he had completed his service of notice by publishing it in Newspaper and the service of the notice is thus complete. The argument, if forwarded by the girl's side, that she has not received the notice will have no merit in it since there has been no other method of service left  before the boy to effect the service,

5. If the boy lodges the said criminal complaints then te girl will contest the same and at that time it can be recorded before the Court that the boy has alreday issued talaqnama to her,

6. The main contension of the boy to ensure that his divorced wife gets recorded information of the Talaqnama will be over if he files those criminal cases as stated by you,

7. I do not contribute at all to your glass hosue theory.
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14010 Answers
127 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12112 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
435 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0