Nikunj Trivedi (MANAGER) 14 September 2013
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 September 2013
The bar is there for filing complaint and not for taking cognizance.
Regards,
Nikunj Trivedi (MANAGER) 14 September 2013
Kindly read following and then be clear that it is for taking cognizance :
468 Cr.P.C.
(Bar to taking cognizance after lapse of the period of limitation)
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
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1 Provisions of this Chapter shall not apply to certain economic offences, see the Economic Offences (Inapplicability of Limitation) Act, 1974 (12 of 1974), s. 2 end Sch.
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(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 term exceeding one year but not exceeding three years.
1*[(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.]
I have asked about the effect of this section on charge-sheet taken after a gap of more than 3 years u/s 498A, 406 and 3/4 D Act.
Pl revert on that issue.......
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 September 2013
I meant not for taking cognizance of Chargesheet. In cognizable offence, the police has registered the case and taken cognizance.
Regards,