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Time limit to lodge complaint against brother for harassing sister
11-Feb-2023 (In Family Law)
Is there a time limit to lodge a complaint against a man who assaulted his sister for a petty reason? Which sections of the law cover this charge?
HI
Section 354 of Indian Penal Code is applicable for Assault or criminal force to woman with intent to outrage her modesty
Description of Offence:
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
Section 468 of Cr.P.C governs limitation pertaining to crimes.
So in your case, you can lodge a complaint in the police station with in 1 year from the date of offence or in the court directly within 3 years from the date of offence.
Bar to taking cognizance after lapse of the period of limitation
1. Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence of the category specified in Sub-Section (2), after the expiry of the period of limitation.
2. The period of limitation shall be-
a. six months, if the offence is punishable with fine only;
b. one year, if the offence is punishable with imprisonment for a term not exceeding one year;
c. three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
3. For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
Hope this information is useful
Section 354 of Indian Penal Code is applicable for Assault or criminal force to woman with intent to outrage her modesty
Description of Offence:
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will there by outrage her modesty, shall be punished with imprisonment of either description for a term which shall not be less than one year but which may extend to five years, and shall also be liable to fine.
Section 468 of Cr.P.C governs limitation pertaining to crimes.
So in your case, you can lodge a complaint in the police station with in 1 year from the date of offence or in the court directly within 3 years from the date of offence.
Bar to taking cognizance after lapse of the period of limitation
1. Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence of the category specified in Sub-Section (2), after the expiry of the period of limitation.
2. The period of limitation shall be-
a. six months, if the offence is punishable with fine only;
b. one year, if the offence is punishable with imprisonment for a term not exceeding one year;
c. three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
3. For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.
Hope this information is useful
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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