LawRato

Legal advice about domestic abuse case


18-Aug-2023 (In Criminal Law)
Can I still prosecute my abuser after 3 years of the incident?
Answers (5)

Answer #1
982 votes
Indeed yes You have to explain the matter in detail so that correct analysis of your matter can be done and a better advice can be given to you.
Helpful? LawRato LawRato
People also ask

Can a wife file dowry case after 7 years of marriage?

After 7 years of marriage a woman can bring a case under Section 498A, Indian Penal Code, as long as the cruelty was committed during marriage. 26-Feb-2023

What are the rights of wife in domestic violence case?

(1) Notwithstanding any other laws currently in force, any woman who is in a shared relationship has the right to live in the household whether she holds any title, right or beneficial interest.

What is the limitation period to file domestic violence case?

According to the reading of the Act in its entirety, section 28 and section 31 are read together with section 468. The complaint filed under section 12 must be made within a year of the date of the offence, otherwise the court/magistrate will not be able take cognizance as per law. 30-Apr-2023

What is the timeline for domestic violence case in India?

The high court has ordered the trial courts in order to make a decision within 60 days on the complaints filed by the aggrieved woman/person under sections 12, 19, and 20 of the Protection of Women from Domestic Violence Act, 2005. 20-Mar-2023

  
Answer #2
685 votes
It will depend upon the case to case. As far as the domestic violence case is concerned the Supreme Court has held that the limitation period prescribed under Section 468 of the CrPC is not applicable for the filing of an application under section 12 of DV act. For more legal assistance I am just a call away.
Helpful? LawRato LawRato

Answer #3
999 votes
Hi
Yes. You can file a complaint under section 12 of the DV Act. You should show a continuous cause of action that the violence has been continuously happening. Feel free to get in touch to discuss further.
Helpful? LawRato LawRato
Answer #4
978 votes
Yes you can.

There is no time limit to prosecute your abuser in cases of violence.

Types of violence against women:

Domestic violence.
Family violence.
Sexual violence and harassment.
Non-physical forms of abuse.

Should you have any questions please feel free to contact me.
Helpful? LawRato LawRato
Answer #5
730 votes
Hi,

You may file a complaint, however you must be having a reasonable explanation qua the delay. While delay is not a reason for not accepting a complaint, unreasonable delay in registering the fir raises doubts regarding the prosecution’s story.
Helpful? LawRato LawRato

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."