What is the definition of Limitation? What is the limitation period for taking cognizance of offences under CRPC? Section 467, 468, 469, 470, 471, 472 and 473 of Code of Criminal Procedure 1973
Definition of Limitation and Limitation period is applicable for taking cognizance of offences in criminal cases. If the limitation period is over cognizance of offence cannot be taken except in some circumstances.
If the offence is punishable with fine only, the period of limitation is six months and
if the offence is punishable with imprisonment for a term less than 1 year, the limitation period is one year
In case of the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is 3 year. But in some cases there are provisions of exclusion of time. As per Section 473 of CRPC the limitation period can be extended in some cases.
Section 467 of Code of Criminal Procedure 1973 "Definitions"
For the purposes of this chapter unless the context otherwise requires, "period of limitation" means the period specified in Section 468 for taking cognizance of an offence
Section 468 of Code of Criminal Procedure 1973 "Bar to taking cognizance after lapse of the period of limitation"
As per Section 468(1) of Code of criminal Procedure 1973 “except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be:-
(a) six months, if the offence is punishable with fine only;
(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.”
Commencement of the period of limitation – Section 469 of Code of
(b) where the commission of the offence was not known to the person
aggrieved by the offence or to any police officer, the first day on
which offence comes to the knowledge of such person or to any police
officer, whichever is earlier; or
(c) where it is not known by whom the offence committed, the first
day on which the identity of the offender is known to the person
aggrieved by the offence or to the police officer making
investigation into the offence, whichever is earlier
(2) In computing the said period, the day from which such period is to be computed shall be excluded.”
Exclusion of time in certain cases – Section 470 of Code of
Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
(3) Where notice of prosecution for an offence been given, or where, under any law for the time being, in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case be, the time required for obtaining such consent or sanction shall be excluded.
As per Section 471 of Code of Criminal Procedure 1973 “where the
period of limitation expires on a day when the Court is closed, the
Court may take cognizance on the day on which the Court reopens.”
As per Section 472 of Code of Criminal Procedure ”in 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.”
As per section 473 of Code of Criminal Procedure “notwithstanding anything contained in the foregoing provisions of this chapter, any court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied of the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice."
DISPOSAL OF PROPERTY
What is the meaning of Order for custody and disposal of property pending trial in certain cases? What is the Order for disposal of property at conclusion of trial? Section 451 and 452 of Code of Criminal Procedure 1973
What is Payment to innocent purchaser of money found on accused? What is Appeal against orders under Section 452 or Section 453? What is destruction of libelous and other matter? Section 453, 454 and 455 of Code of Criminal Procedure 1973
What is Proceedings in wrong place? What is Non-compliance with provisions of Section 164 or Section 281? What is the Effect of omission to frame, or absence of, or error in, charge? Section 462, 463 and 464 of Code of Criminal Procedure 1973
What is Finding or sentence when reversible by reason of error, omission or irregularity? What is defect or error not to make attachment unlawful? Section 465 and 466 of Code of Criminal Procedure 1973
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES