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Can FIR be filed for 5 years old incident
14-Oct-2023 (In Criminal Law)
My friends father had given him few lacks in 2011. Some were check transfer and some were NEFT. Father had transferred the money from his account to joint account from where my friend had withdrawn in 2011. Now as they have tension in family, his family is demanding to transfer the money back to them or they will file an FIR against him saying he had stolen the amount. Pls advise if they can file such FIR in 2016 for the amount stolen in 2011.
They can lodge an fir after 5 years, but they will have to come with an explanation ad to why they sat over the matter, also, as far as limitation is concerned, it varies, for different offences (sections) there is different time limit.
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Adv. Imran Ibrahim
Allahabad | 100+ Answers
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yes it is possible after five years FIR LODGE , First thing your friend father is alive aor not , and what purpose he was gives him money , there are many ground your friends become innocent , what is the age of your friend , when his father give hi money
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Adv. Markanday Singh
Allahabad | 25+ Answers
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There is no limitation on filing FIR of 5 years but in this case as the NEFT was done by father himself, secondly cheques were also issued by the father so it can not be treated as theft , Neither money withdrawn from joint account by any party constitutes any kind of theft.
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Adv. Anurag Bhati
Greater Noida | 400+ Answers
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This incident is 5 years old. More importantly father has transferred money to his son account. Although there is no bar on lodging delayed FIR but FIR must be lodged as soon as possible after a crime has happened. In the instant case it will be almost impossible to justify delay. FIR can not be filed in this case.
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Adv. Vijay Kumar Teotia
Meerut | 200+ Answers
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यस स्पष्ट नहीं हुआ कि जब पैसे एक अकाउंट से एक अन्य ज्वाइंट अकाउंट में डाला गया , तो वह चोरी करने का आरोप कैसे लगा सकते हैं. .?
जहाँ तक बात है 5 वर्ष बाद प्रथम सूचना रिपोर्ट दर्ज कराने की , तो वह दर्ज हो सकती है , उनको सिर्फ इतना दिखाना होगा कि आप उन लोगों को पिछले 5 वर्ष से रकम वापसी का कोई न कोई बहाना बनाकर टालते रहे और अब आप रकम है भी , इस बात से ही इनकार करने लगे हो....!
जहाँ तक बात है 5 वर्ष बाद प्रथम सूचना रिपोर्ट दर्ज कराने की , तो वह दर्ज हो सकती है , उनको सिर्फ इतना दिखाना होगा कि आप उन लोगों को पिछले 5 वर्ष से रकम वापसी का कोई न कोई बहाना बनाकर टालते रहे और अब आप रकम है भी , इस बात से ही इनकार करने लगे हो....!
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Adv. Sumit Agarwal
Jhansi | 200+ Answers
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