limitation under crpc
kuldeep kumar
(Querist) 05 July 2011
This query is : Resolved
limitation for filing case upto 3 years are given crpc.deciding factor is date of knowledge of offence.suppose person aggreived and police are both discovering identity of accused.what if police do not tell person aggreived the identity of accused or do not take any action then the limitation shall run out?
in case of theft both police and person aggreived are discovering identity of accused and any how 3 year passed without knowing identity of accused.is person aggreived barred now to file any case
S. Bharath
(Expert) 05 July 2011
To answer the 1st part of your query, the aggrieved person may file a private complaint besides initiating action against the erring police;
Regarding the 2nd part of the query, pl refer to 469 [1] [c], which saves limitation till such time the identity of the accused is known. In other words, limitation will start running only from the time identity is known.
Whatever be the case, courts have the power to condone the delay [S. 473].
Ravikant Soni
(Expert) 05 July 2011
Courts have the power to condone delay. Filing of a case is not barred but it is barred to take cognizance by magistrate.
Advocate SK Rohilla New Delhi
(Expert) 05 July 2011
No,
where period of limitation expires then, the complaint should be filed within 30 days commencing from the time when accused was identified.
Advocate. Arunagiri
(Expert) 05 July 2011
You may see the Cr.P.c. Sections on thelimitation.
472. Continuing offence.
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.
473. Extension of period of limitation in certain cases.
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may make cognizance of an offence after the expiry of the period of limitations, if it is satisfied on 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.
Ajay Bansal
(Expert) 06 July 2011
See section 473 Cr.P.C.
