Apni Law Staff asked 6 months ago
A woman was accused by the police, along with her husband, under various sections of the Indian Penal Code (IPC) and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. An FIR was filed on September 21, 2013, but no chargesheet has been submitted yet.
1. The woman claims she cannot be implicated under Section 24 of the Act, and that the other offenses under the IPC are non-cognizable. Can this FIR be sustained against her?
2. Is there a time limit for the police to file a chargesheet in this case?
3. What legal recourse does the woman have?
Best Answer
Apni Law Staff answered 6 months ago
1. The woman’s claim about Section 24 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, and non-cognizable offenses under IPC needs examination. The police can investigate regardless of the nature of the offense, and the FIR can be sustained if sufficient evidence exists.
2. There’s no fixed time limit for filing a chargesheet, but prolonged delay can be challenged through legal means.
3. The woman can seek legal counsel, file a petition challenging the FIR, and approach the court for quashing the FIR if it’s baseless.
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