2 Answers
Dear Client,
There is no specific time limit in the statutes for filing an FIR and that after an expert panel report. Under Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), information relating to a cognisable offence can be given to the police orally or electronically and the section does not prescribe any fixed number of days within which you must file it. It is suggested to file an FIR as soon as you get the expert panel report and decide to proceed. Delay does not automatically bar the FIR, but it can make the police and the court raise questions related to the delay. If your expert panel report suggests something substantive, it is advised to attach it to the complaint and request the police to act on it. If the police still do not register the FIR or moves slowly and inefficiently, under Section 173(4) of the BNSS, you can send the complaint to the Superintendent of Police if the station does not act. You may apply to the Magistrate to direct intervention through Section 175(3) of the BNSS. I hope this helps. If you have any further doubts, please feel free to reach out.
Dear Client, as per your query, While there is no specific "expiry date" for filing an FIR, the BNSS 2023 provides that where a preliminary inquiry has been conducted (as is often the case where there is a need for expertise, such as medical negligence or corruption), the inquiry must be completed within 14 days. Thereafter, the FIR must be registered at once. If there is a delay in filing the FIR after receipt of a report from the preliminary inquiry, a satisfactory explanation must be provided for the delay, as the courts view long delays suspiciously, which can undermine the strength of the case. In the case of electronic FIRs, the informant must physically sign the report within 3 days for it to be registered. I hope this answer is helpful. In case of further queries, please do not hesitate to contact us.
Thank You.