For cognizable offences with punishment > 3 years, is there no time limitation?
plz give me some supreme court judgements in which the court has considered some very serious offences (like 420, 467, 468 etc.) even though they were filed after many years without asking for any reason for delay..that is, if a 420 case (which has no time limitation) is filed after 3-4 years or even more can such a case be dismissed as time barred? thanks a lot for answering my question yesterday ashok ji…
Yes, there is no time limit for the court to take cognizance of an offence if the punishment for that offence is more than 3 years.
In such cases, the court will not refuse to consider such case as time-barred since, as mentioned above, there is no limitation period prescribed under law.
However, if there an abnormal delay in filing the FIR / complaint, while such case will not be time-barred, the credibility of the FIR will go down substantially, and the court may consider the complaint as being a premeditated and planned one.
Also see the reply: Condonation of Delay.
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