Answer By law4u team
Elder abuse cases can involve physical harm, emotional trauma, financial exploitation, or neglect. The time limit within which a case must be filed is known as the limitation period and depends on the nature of the abuse and whether the remedy is criminal or civil. Understanding these time frames is essential to ensure timely justice and to prevent dismissal of complaints due to procedural delays.
Limitation Periods Based on Type of Case
Criminal Cases (IPC Offenses)
No fixed limitation for serious offenses (e.g., assault, criminal intimidation, cheating) punishable with more than 3 years of imprisonment.
Section 468 CrPC governs limitation for less serious offenses:
6 months for offenses punishable with fine only
1 year for offenses punishable with imprisonment up to 1 year
3 years for offenses punishable with imprisonment up to 3 years
Note: Delay can be condoned under Section 473 CrPC if sufficient cause is shown.
Under Maintenance and Welfare of Parents and Senior Citizens Act, 2007
No specific limitation period is defined. Complaints regarding maintenance or abuse can be filed anytime during the lifetime of the senior citizen.
The tribunal is expected to take up cases within 90 days of filing.
Civil Cases (e.g., Property Disputes, Recovery of Money)
Governed by the Limitation Act, 1963:
3 years from the date of cause of action for property or money recovery.
For declaration suits (e.g., declaring a will or gift deed invalid), typically 3 years from when the right to sue arises.
Domestic Violence (Protection of Women from Domestic Violence Act, 2005)
No limitation period for reporting ongoing abuse.
Relief can be sought as long as the abusive relationship exists.
Service and Care Complaints
Under pension, healthcare, or retirement benefits, different departments may have their own time-bound grievance redressal mechanisms (usually 3–6 months from issue date).
Factors That May Extend or Influence Limitation
Continuous Abuse
In cases of repeated abuse, the limitation may be considered from the last known incident, not the first.
Mental or Physical Incapacity
If the elder was unwell or mentally unfit to act, limitation may be extended under humanitarian grounds.
Delay Due to Threat or Intimidation
If the elder was prevented from filing the complaint due to threats or dependency, courts may condone the delay.
Awareness of the Abuse
In financial or property matters, limitation may start from the discovery of the fraud or misappropriation.
Steps Elders or Caregivers Should Take
Maintain written or digital records of incidents (dates, nature of abuse).
Report abuse to police, elder helplines (14567 in India), or welfare tribunals without delay.
Consult a legal expert to determine the relevant law and limitation.
If the deadline is missed, file a petition explaining the delay for condonation.
In criminal matters, insist on registration of FIR even if some time has passed.
Example
A 70-year-old man discovers that his grandson, who manages his finances, withdrew ₹5 lakhs from his account over two years ago without consent. He was unaware due to poor eyesight and lack of digital access.
Steps he should take:
File a complaint immediately upon discovering the fraud.
Explain the delay in a written statement, citing lack of knowledge and physical limitations.
Register an FIR under IPC Sections for cheating, breach of trust, or financial abuse.
Approach the Maintenance Tribunal under the Senior Citizens Act for protection and financial maintenance.
Seek legal help to file a civil suit if necessary for recovery.
