Dec 29, 2017
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Limitation For Taking Cognizance Of Certain Offences Under Code of Criminal Procedure, 1973

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Limitation period For Taking Cognizance Of Certain Offences (section 468 to 473)

1. Bar to taking cognizance after lapse of the period of limitation ( section 468)

  • No Court shall entertain or try or take cognizance of an offence after the expiry of the period of limitation.
  • The period of limitation shall also be-
    1. six months, if the offence is punishable with fine only;
    2. one year, if the offence is punishable with imprisonment for a term not exceeding one year;
    3. three years, if the offence is punishable with imprisonment for a term exceeding one year but not also exceeding three years.
  • The limitation period related to offences which tried together, determined with reference to the offence which is punishable with the more severe punishment.

2. Commencement of the period of limitation (section 469)

The period of limitation related to offences, commences:

  1. on the date of the offence; or
  2. the first day on which such offence comes to the knowledge to aggrieved person or also police officer, whichever is earlier. If commission of offence not known or;
  3.  the first day on which the identity of offender revealed to aggrieved person or police officer, whichever is earlier. If identity of offender not known.

In computation of period, exclude the day from which period starts

3. Exclusion of time in certain cases (section 470)

In computation of limitation period, exclude the time during any person prosecution carried on with due diligence and another prosecution against the offender initiated.

Provided, it should not exclude unless the trial contains same facts. Also prosecuted in good faith in court with no such jurisdiction.

The institution of the prosecution has stopped by order of injunction. Then in computation of limitation period, exclude the period of injunction order or also day of issuance of order.

The notice of prosecution for an offence has given, or the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence. Then computation of limitation period, excludes the period required for obtaining consent.

4. Exclusion of date on which Court is closed ( Section 471)

The limitation period expires on day of court holiday. Then court may also consider the cognizance when it reopens.

5. Continuing offence (Section 472)

n the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

6. Extension of period of limitation in certain cases ( Section 473)

Any Court may make cognizance of an offence, also after the expiry of the period of limitations. If satisfied on the facts and in the circumstances of the case that the delay was properly explained or also necessary  in the interests of justice.

 

Article Categories:
Criminal law

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