What is the limitation period for filing any FIR

186 votes

Abusing someone on WhatsApp may be considered a form of online harassment and could be punishable under various penal provisions of Indian Penal Code, 1860 (IPC) depending on the specific circumstances of the case.
 

1. Under Section 499 of IPC if the abuse amounts to defamation or spreading rumours that harm the reputation of the person in a WhatsApp group chat, with the intention of harming or knowing or having reason to believe that such imputation will harm the reputation of the person, it could be punishable under the section 500 IPC with imprisonment for a term which may extend to two years, or a fine, or both.

2. Section 504 of the IPC deals with intentional insult with intent to provoke breach of the peace, which could be applicable in situations where a person intentionally insults or provokes another person through abusive messages on WhatsApp with the intention to cause a breach of the peace. The punishment for this offence is imprisonment for up to two years or a fine, or both.

3. Section 509 of the IPC deals with the use of words or gestures intended to insult the modesty of a woman, which could apply in situations where a woman is targeted with abusive and insulting messages on WhatsApp. The punishment for this offence is imprisonment for up to three years, or a fine, or both.

As per Scetion 468, the Code of Criminal Procedure, 1973 (CrPC) which outlines the time limitations within which legal proceedings must be initiated for various categories of offences, no court can take cognizance of an offence punishable with imprisonment for a term exceeding one year but not exceeding three years after the expiry of the three years from the date of commission of an offence. 

By that logic, you must file an FIR in your case sooner than later as it is only after the FIR is lodged and the police has investigated and filed a chargesheet will the Magistrate be empowered to take cognizance of the case beyond which the prosecution will be barred by time.

LawRato LawRato

871 votes

As such there is ni legal limitation in lodging an FIR. however, this delay makes it a discretionary power of the police as to whether they will lodge or not. This depends upon the gravity of the offence. Supreme Court has stated that in grave offence, FIR can be lodged even after a delay of 15 days. In your case, I don't think now it is fit case for FIR. Delay of such long 3 months will be the best available defence for the accused. So it makes no sense.

Advocate Apoorv Joshi LawRato

742 votes

generally its 24 hours from the time of incident, bot in your case you may fil FIR still. if police not registering it than file a complaint case before magistrate JMFC of your local area.
AJAY GAUTAM

Advocate Ajay Gautam LawRato