Time Limitation U/s 468 CrPC
Legal Fighter
(Querist) 16 January 2009
This query is : Resolved
how does time limitation apply to an FIR u/s 498/406 which is under investigation and the accused is on interim bail for past more than 2 years. most of the incidents mentioned in the FIR have already been more than 3 years old. does it mean that if the police takes 1 more year to file chargesheet, the case will be barred due to time limitation. Or this time limitation is not applicable to the priod of investigation or the Anticipatory Bail proceedings which are already going on in high court.
kindly help me understnading time limitation u/s 468 CrPC.
PALNITKAR V.V.
(Expert) 16 January 2009
See Sec. 468 to 473 of CrPC
468 . Bar to taking cognizance after lapse of the period of limitation.- (1) 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;
(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year butnot exceeding three years.
469 . Commencement of the period of limitation.- (1) The period of limitation, in relation to an offender, shall commence, -
(a) on the date of the offence; or
(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 such 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 was 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.
470 . Exclusion of time in certain cases.- (1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:
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 has 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 may be, the time required for obtaining such consent or sanction shall be excluded.
Explanation.- In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both the excluded.
(4) In computing the period of limitation, the time during which the offender:-
(a) has been absent from India or from any territory outside India which is under the administration of he Central Government, or
(b) has avoided arrest by absconding or concealing himself, shall be excluded.
471 . Exclusion of date on which Court is closed.- 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.
Explanation.- A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.
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 take cognizance
Legal Fighter
(Querist) 16 January 2009
Sir, I have read the above law but still my query is not answered.
PALNITKAR V.V.
(Expert) 16 January 2009
I think you didnt read the last few lines.The last part of my reply contains answer to your query.If not satisfied feel frank to state which part of your query has remained unanswered.
Legal Fighter
(Querist) 16 January 2009
sorry fot that.. i missed that portion. thanks a lot. just one query.. can the partial allegations for which the time limitation is passed, can be barred? also are there any set parameters for condoning the allegations u/s 437 of CrPC or its just discretion without any application of judicial mind?
PALNITKAR V.V.
(Expert) 17 January 2009
There can not be partial bar. The offence with highest punishment is considered for limitation purpose. There are no set parameters for condonation. Each case is to be decided on its own facts. Broadly speaking, if there are sound reasons for not filing the charge sheet / complaint in court within limitation, the delay is generally condoned. What will amount to sound reason or justification again depends on the facts of each case. There is no straight jacket formula for that. It is not a matter of discretion. The Court i.e. the judge has to give reasons for condonation of delay.
