Legal Question in Criminal Law in India

28.04.2012

Dear Sir / Madam,

Section 24 of The Code of Criminal Procedure (Amendment) Act, 2008 does not specify the time limit for filing of a rape case.

But insertion of a new section, namely, section 164A in the code of Criminal Procedure,

1973 clearly states -

�164A.(1) Where, during the stage when any offence under section 376, Section 376A, Section 376B, Section 376D, is under investigation and it is proposed to get the

victim examined by a medical expert, such examination shall be conducted by a

registered medical practitioner, with the consent of the complainant or of some

person competent to give such consent on his/her behalf. In all cases, the

complainant should be sent for such examination without any delay.

It is deemed from the above provisions that the victim is required to file a rape case within 48 hours and not after 10 years as you mention.

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Regards,

There is no time limit prescribed by law.

However, delays are fatal if not explained properly and satisfactorily.