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Limitation for Taking Cognizance under Cr.p.c.

#feelthelife #limitation #crpc Limitation for taking the cognizance General Rule: The general rule of jurisprudence about limitation of time in connection with the criminal prosecution is reflected in Latin Maxim “nullum tempus occurit regi”. This means that, lapse of time does not bar the right of the crown. As such, as prosecution in the criminal matters, is generally launched by the state, as the offences are against the society at large. Therefore, under old code (Cr.P.C.) no period of limitation was prescribed for a criminal prosecution. A long delay in prosecuting an offender has its own disadvantages. As follows …. 1) As time passes on, the memory of the witnesses becomes weaker and weaker . 2) If there is no period of limitation prescribed even for petty offences, the people would have not peace of mind. A person could then be kept under continuous fear of the prosecution and punishment. 3) The deterrent effect of punishment loses its value, if the prosecution is not launched before the memory offence is erased from the mind. 4) The sense of social retribution which is one of the purposes of criminal law, loses its force after a lapse of time. This problem of absence of period of limitation for criminal offence, caught the attention of the joint committee of parliament and this committee observed as follows. A present there is no period of limitation for prosecution and a court cannot throw out a complaint or a police report solely on the ground of delay. Although, in ordinate delay may be a good ground for entertaining doubts about the truthfulness of the story of the prosecution. Period of limitation in the laws of many countries have been prescribed and this committee feels that, it will be desirable to prescribe such periods in the new code recommended by the Law Commission. This Chapter-36, therefore introduced by the Code of 1973 to prescribe different periods of limitations for taking the cognizance of several (not all) offences, depending on the gravity of the offence. Relevant Provision: S.-468 of Cr.P.C.Provides for the period of limitation in 3 specific cases (given below) adding that, no court take cognizance of such offences after the expiry of period of limitation. This period whereafter, the prosecution would become barred are as follows. Types of offence Period of Limitation 1 If the offence is punishable with fine only 6 months 2 If the offence is punishable with imprisonment not more than 1 year 1 year 3 If the offence is punishable with imprisonment more than 1 year but not more than 3 years 3 years It is clear from the above provision that, for all other offences, there is no period of limitation and the cognizance of them can be taken by the courts at any point of time. Commencement of period of limitation S.-469 of Cr.P.C. Lays down that, in relation to any offence the period of limitation commences. 1) On the date of the commission of the offence, or 2) When the commission of the offence is not known to the officer, on the 1st day on which such offence comes to the knowledge of such person, or to any police officer, whichever is earlier, or 3) When it is not known by whom the offence was committed, then on first day, on which the identity of the offender is known to the aggrieved person or the police officer, investigating the offence, whichever is earlier. Exclusion of time in certain cases The following 7 rules for exclusion of time in certain cases may be noted. 1) In computing the period of limitation, the day from which such period is to be computed is to be excluded. 2) The time during which any person has been prosecuting, with due diligence, another prosecution against the offender is also to be excluded, if the following 2 conditions are satisfied..a) He prosecution relates to the same facts, b) It is prosecuted, in good faith, in the court, which is unable to entertain it due to defect of jurisdiction on or any other cause of like nature. 3) When the notice of the prosecution is to be given, the period of such notice is to be excluded. 4) When the previous sanction or consent or the Govt. or any other authority is required for instituting the prosecution, the time required for obtaining such sanction or consent is to be excluded. 5) The time during which the offender has been absent from India is also to be excluded. 6) The time during which the offender has avoided arrest by absconding or concealing himself, is also to be excluded. 7) The dates on which the courts were closed is also to be excluded. Extension of period of limitation Despite of all the above provisions, any court can take the cognizance, even after the expiry of the period of limitation, if it is satisfied on the facts and circumstances of the case- a) That, the delay has been reasonably explained, or b) That, it is necessary to do so, in the interest of justice . It is needless to say that, the above discretion is to exercise judicially and not in arbitrary manner.