Saturday, June 20, 2020

Whether Supreme Court order of extending the Limitation Period also extends the time limit for filling Charge -Sheet?


  •  Supreme Court in its order passed suo-mot on 23-03-20 extended the time limit for filling of various applications, appeals etc in Courts due to prevailing covid-19 situation.
  • The confusion arose when various High Courts starts giving contradictory orders on extension of time for filling charge-sheet as given in section 167 Cr.P.C. interpreting that the order of Supreme Court also extends the time for filling charge sheet beyond the period of 90 or 60 days as the case may be and accused has no right to be released on default bail because of the extending the period by Supreme Court.
  • In case of Kasi vs State through inspector of police Madurai Crl. Appeal No. 452/2020 decided on 19 June 2020 Supreme Court clarified the position and held that 
  • " neither this court in its order dated 23-03-20 can be held to have eclipsed the  time prescribed under section 167(2) Cr.P.C. nor the restriction which have been imposed during the lock down by the government shall operate as any restriction on the rights of the accused as protected by section 167(2) cr.p.c regarding his right to be released on default bail"
  • So with the above clarification by the Supreme Court it become clear that there is no extension of time for filling charge-sheet it remains as it is in section 167 Cr.P.C. i.e.90/60 days as the case may be  and if not filled within the time period accused has a right to be released on default bail.

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