CrPC Sections 467 to 473: Limitation for Taking Cognizance of Certain Offences

Section 467 CrPC - Definition of period of limitation

For Chapter XXXVI, "period of limitation" means the period specified in Section 468 for taking cognizance of an offence. The definition therefore links the entire limitation scheme to the periods prescribed by Section 468.

Section 468 CrPC - Bar to taking cognizance after limitation

Subject to other provisions of the Code, a court cannot take cognizance of an offence falling within Section 468(2) after the applicable limitation period has expired. The periods are six months for an offence punishable with fine only, one year where imprisonment does not exceed one year, and three years where imprisonment exceeds one year but does not exceed three years.

Where offences may be tried together, Section 468(3) determines limitation by reference to the offence carrying the more severe, or most severe, punishment.

Section 469 CrPC - When limitation begins

The limitation period ordinarily starts on the date of the offence. If commission of the offence was not known to the aggrieved person or any police officer, it starts on the first day the offence becomes known to either of them, whichever is earlier. If the offender was unknown, it starts on the first day the offender's identity becomes known to the aggrieved person or investigating police officer, whichever is earlier. The first day from which the period is computed is excluded.

Section 470 CrPC - Exclusion of time in certain cases

Section 470 permits specified periods to be left out when calculating limitation. These include time spent diligently and in good faith prosecuting another proceeding based on the same facts before a court unable to entertain it because of jurisdictional defect or a similar cause; the period during which prosecution is stayed by injunction or order; and, where required by law, the period of notice or the time required for obtaining governmental or other consent or sanction.

The provision also excludes the time during which the offender was absent from India or a territory outside India under Central Government administration, or avoided arrest by absconding or concealing himself.

Section 471 CrPC - Court closed on the last day

If limitation expires on a day when the court is closed, Section 471 permits cognizance on the day the court reopens. This prevents expiry merely because the court was unavailable on the last permissible day.

Section 472 CrPC - Continuing offence

For a continuing offence, a fresh period of limitation begins to run at every moment during which the offence continues. Whether an offence is continuing depends on the nature of the statutory duty and the particular offence involved.

Section 473 CrPC - Extension of limitation

Section 473 operates notwithstanding the preceding provisions of Chapter XXXVI. A court may take cognizance after expiry of limitation where, on the facts and circumstances, it is satisfied that the delay has been properly explained or that taking cognizance is necessary in the interests of justice.