When can FIR be filed?

An FIR is a written document that is filed by the police when you are a victim of a cognizable offence, i.e. an offence for which police can take action without prior court approval (a warrant). Section 154 of the Criminal Procedure Code, 1973 (‘CrPC’) defines what amounts to first information.

When should you report an FIR in case of an incident?

The investigating officer has to give a report to the magistrate on the FIR within 60 days (if the prescribed punishment for the offence committed under law is less than 7 years) or within 90 days (if the punishment is more than 7 years).

What are the conditions under which an FIR can be quashed?

Under this section, a High Court can quash an FIR if it thinks that the FIR which has been lodged is a false one and was done with the sole motive to defame and trouble the aggrieved person.

What is the punishment of 144?

—Whoever, being armed with any deadly weapon, or with anything which, used as a weapon of offence, is likely to cause death, is a member of an unlawful assembly, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

Can I file FIR after one month?

There is no time limit for filing of a charge sheet though if an accused is in police custody or in judicial custody he is entitle to bail if charge sheet is not filed within 60 or 90 days under 167 Cr. P.C.

What is the time limit to file chargesheet?

Chargesheet filing time reduced to 42 days.

Can I file a case after 10 years?

Yes you can file a FIR against that person. My advice to you is file FIR about current problem and also give reference of last medical and misbehave of police. And for better results you should register your complaint in court under sec 156(3) Cr.

Can FIR can be quashed before chargesheet?

The Supreme Court held that while exercising the power under section 482 of the CRPC, the court can quash the FIR even if the charge sheet has been filed, as the power under section 482 is to be exercised to prevent the abuse of process and miscarriage of justice.

How long does it take to quash an FIR?

The quashing of FIR takes between 2 to 5 hearings to get the case quashed which will take anywhere between 10 days to 3 months. The law is supreme. It gives rights to every person without bias.

What IPC 154?

—Whenever any unlawful assembly or riot takes place, the owner or occupier of the land upon which such unlawful assembly is held, or such riot is committed, and any person having or claiming an interest in such land, shall be punishable with fine not exceeding one thousand rupees, if he or his agent or manager, knowing …

How long does it take to file a case in court?

Courts generally take cognizance of such offences within 24 hours. You should apply to High court and ask for directions for registration of FIR and commence investigation. If the accused arrested then Police have to produce him before Magistrate within 24 hours. If police have not arrested him means police is still investigating the case.

What is the time limit for filing chargesheet in court?

Chargesheet can be filed in span of 60, 90 and 120 days. Beyond it only courts have the discretion to further pursue the matter or else matter stand closed. But if the chargesheet is not filed then party gets entitled for bail during intervals of 60, 90 and 120 days.

What is the time span for a police investigation to finish?

No time span is specified. If the accused has been arrested and is in judicial custody then police are given 60 days for a minor and 90 days for a major accusation and charges. After this period usually unless charges are serious cops cannot oppose bail claiming that investigation isnnot finished.

When is a complaint or information sufficient in a criminal case?

— A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.