Is it possible to file a criminal case after 10 years? What is the time limit for filing a criminal

Question

Is it possible to file a criminal case after 10 years? What is the time limit for filing a criminal

17-Jul-2024 (In Criminal Law)

Can I file a case after 10 years? In 2008, I was assaulted by a man, went to a government hospital for medical treatment, and tried to file an FIR at the police station. However, the police did not take my complaint seriously and did not accept my FIR application. Around that time, my brother had a serious accident, so I couldn't pursue the FIR. Now, that same person is threatening me again. I want to file an FIR based on the medical records and severe injuries from that incident. Please help me.

Answers (5)

2008 is 17 years before today (21 Nov 2025). You can still lodge an FIR about a 2008 assault: delay alone does not bar reporting if the information discloses a cognizable offence and the police are obliged to record it (Lalita Kumari v. Govt. of U.P., see judgment). If police refuse you may send the complaint to the SP or seek a magistrate order under the procedure in Section 156(3)/Section 190 to direct registration and investigation; courts will consider delay but have accepted late FIRs where medical records and other evidence satisfactorily explain delay. See Lalita Kumari v. Govt. of U.P., (registration mandatory when cognizable offence is disclosed). See State of Haryana v. Bhajan Lal (guidelines on quashing/when courts may interfere). See High Court decisions accepting medical records/explanations for delayed FIRs (e.g., State of Karnataka v. Goverdhana Murthy). Also note the new criminal statutes now in force: Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA) govern offences, procedure and evidence respectively and should be considered when you proceed. Preserve your medical records, any threat messages, and consult a lawyer to file the complaint or a 156(3)/private-complaint application promptly.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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Adv. Amit Ranjan Mishra Adv. Amit Ranjan Mishra

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Advocate Akash Tiwari LawRato · Accepted Answer · 2024-07-17T18:37:11+05:30

Answer #2

Hello, dear client. Yes, you can file an FIR against that person. My advice to you is to file an FIR about the current problem and also give reference to the last medical and misbehave of the police. And for better results, you should register your complaint in court under sec 156(3) Cr. P.C (Section 175(3) of BNSS). All the best

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Advocate Ram Prakash LawRato · Accepted Answer · 2024-07-17T18:37:11+05:30

Answer #3

No, you can't take advantage of previous medical that has become too old, as according to you, 10 years old. If that person hurts you again, then you can lodge an FIR. In case police does not register your FIR then you can send your FIR to police station and SSP through registered post and file a petition in concerned court for a direction from court to the police to lodge your report and in case court refuses to give direction for registration of FIR the your petition shall itself be treated as Complaint case and after taking your evidence court shall summon that person before court and if you prove your case in court then that person shall be awarded punishment according to law like sentence of imprisonment.... Regards.

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LawRato LawRato · Accepted Answer · 2024-07-17T18:37:11+05:30

Answer #4

It will be very difficult to get a case registered again after 10 years. Do you have a written copy of the complaint you made to the police in 2008? How is that person trying to hurt you? You can register a fresh FIR, your case will be stronger considering the previous incident, but if the police refuse to file an FIR again, you can approach the court under section 156(3) crpc (Section 175(3) of BNSS).

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Advocate Amit Kumar LawRato · Accepted Answer · 2024-07-17T18:37:11+05:30

Answer #5

Hi, you should write a new application and submit it at the police station. If your complaint is still not registered, you can approach the SSP (Senior Superintendent of Police) and submit your application there. Upon the SSP's direction, the police station will be required to register your FIR.

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