Legal Question in Criminal Law in India

In 1981 my father, an honored freedom father of India was duped by his business partner of a huge sum of money. My father's partner swindled him of a large sum of money by fabricating lies that he had to spend the money for factory's welfare and ended up swallowing up the entire amount. when my father discovered later that he was duped by his own partner whom he dearly trusted he was badly shocked and suffered a major heart attack and died. I do believe it was culpable homicide. My question is CAN I AS HIS SON FILE AN F.I.R with the police in our city in Maharashtra, India and ask the police to investigate the death of a freedom fighter? or is it time barred? we were children when this tragic incident ( which uprooted our family) had occurred. If his death can be investigated and the FIR accepted I would waste no time in filing FIR with the police. so pls tell me is it time barred or can an investigation start?


Asked on 1/22/14, 12:34 pm

1 Answer from Attorneys
Rohan Nahar Nahar and associates

There is no limitation cast in the case that you have queried in. However, there are a lot of aspects that you need to understand before you take any step in the direction of initiation of litigation.

The cause of your fathers demise was of natural causes i.e. heart attack, so you will not be able to register a case of culpable homicide, as the basic requirement is unnatural death (homicidal not even suicidal or accidental).

You can also consider, if you have the evidence to, proceed against under various other offences that his partner must have committed while duping him of his money. For eg. cheating, forgeries, breach of trust etc.

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Answered on 3/06/14, 9:17 pm


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