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Maximum time of filing charge sheet and quashinh FIR
19-Sep-2023 (In Criminal Law)
One of my relatives has been falsely implicated under section 354, 354A, 354C, and POCSO 12. The complainant has lodged an FIR when she is 18 year 8-month-old. In FIR she has mentioned that the accused person (40-year-old) used to outrage her modesty by touching private parts of her body since the year when she was 16-year-old. She also added that the accused person took some nude photos when she was under 18 (though no such photos are found in the seized articles, i.e., one mobile and two laptops so far, also the seized mobile was bought after the complainant completed her 18 years) and used to intimidate her to publish her photos. In 161 statement the victim has contradicted the FIR mentioning that she has the love relation with the accused, and they had sexual relation without intercourse with their own accord. The accused has got bail from court after 4-day police custody.
1. In this case how long can police take to file charge sheet (already 60 days gone)?
2. Can we quash FIR
The time period of investigation is the prerogative of police or investigation agencies. the only consideration could have been the question of bail in case your relative is in custody pending investigation then he could have applied for default bail in case the investigation was complete within 60 days. since your relative is already on bail so that question does not arise. filing chargesheet will be only after completion of investigation. if you feel the investigation agency is delaying the matter then you may apply either to the CJM or the session judge or the high court for necessary direction upon the investigation agency. coming to the part of quashing of FIR it has to be clearly borne in mind that delay in filing charge sheet cannot be a ground to quash FIR. more importantly when the allegations are as serious as those of sexual relation with a minor ( even without intercourse) the quashing of the same will be a very difficult task but not impossible which can be ascertained only after going through the whole case documents. you can always quash the FIR if there exist ground for so doing which a lawyer will be able to fish out after perusing the brief.
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Adv. Tanmoy Chattopadhyay
Howrah | 500+ Answers
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What is the timeline for filing chargesheets?
According to the proposed law, the chargesheets must be filed in 90 days. Any extension, up to 90 additional days, may only be granted by the court. The judge has 30 days after the conclusion of the arguments to render his decision. 12-Aug-2023
What is maximum time for filing charge sheet?
The time limit for filing an Charge Sheet
In cases that are triable before lower courts, the charge sheet must be filed within 90 days of the date of the arrest of the accused. The accused can default bail if the charge sheet has not been filed in the time prescribed. 06-Aug-2023
What is the 60 day chargesheet for Pocso?
In Section 35 of POCSO, the 60-day deadline for filing charges in POCSO is specified. This provision highlights the need for expedited investigations and trials, recognising the vulnerability of children victims and the importance to minimize trauma and delays in accessing justice.
What is the delay in reporting Pocso cases?
According to data from the Investigation Tracking System for Sexual Offences, there is a delay of at least 40% in the filing of chargesheets under Protection of Children from Sexual Offences Act (Pocso) Act of 2012. 11-Mar-2023
It's not mandatory to file a chargesheet by the police in 60 days. They might take longer. When somebody is charged under POSCO Act, Court looks at it very seriously. Quashing a FIR in POSCO is not that easy job. You should hire a top Lawyer to fight the case in High Court to get some relief otherwise it's an next to impossible task to come out.
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Adv. Anath Bandhu Maitra
Kolkata | 100+ Answers
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