Is 498-A IPC case filed after 6 years delay valid in law?

[Anonymous]

I had got married in the year 2010. Within a year of marriage, we could not stay together and my wife moved out of my house and filed false cases of dowry, domestic violence, etc against me. Today, after 6 years of separation, she has filed a case of 498A against me. Is it tenable in law?

[Dr. Ashok Dhamija]

The offence under Section 498A of IPC is punishable with the maximum imprisonment of 3 years. Therefore, as per the provisions of the Criminal Procedure Code, the limitation period for the court to take cognizance of such offence is 3 years.

If the incidents mentioned in the FIR under Section 498-A IPC are 6 years old or even older, then such FIR would be time-barred and may not be valid in law, being beyond the limitation period prescribed under the Cr.P.C. for taking cognizance. However, please also remember that the court has the power to condone delay, since under the Cr.P.C., a Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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