Code of Criminal Procedure, 1973 (CrPC)- Chapter XXXVI- Limitation For Taking Cognizance Of Certain Offences

Chapter XXXVI

LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES

467. Definitions.

467. Definitions.—For the purposes of this Chapter, unless the context otherwise requires, “period of limitation” means the period specified in Section 468 for taking cognizance of an offence.

468. 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;

(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 but not exceeding three years.

[i][(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.]

Read Other Contents of Code of Criminal Procedure, 1973 (CrPC)​
See List of All Sections of Cr.P.C. with links
Chapter I- Preliminary
Chapter II- Constitution Of Criminal Courts And Offices
Chapter III- Power Of Courts
Chapter IV- Powers Of Superior Officers Of Police and Aid To The Magistrates And The Police
Chapter V- Arrest Of Persons
Chapter VI- Processes To Compel Appearance
Chapter VII- Processes To Compel The Production Of Things
Chapter VII-A- Reciprocal Arrangements For Assistance In Certain Matters And Procedure For Attachment And Forfeiture Of Property
Chapter VIII- Security For Keeping The Peace And For Good Behaviour
Chapter IX- Order For Maintenance Of Wives, Children And Parents
Chapter X- Maintenance Of Public Order & Tranquillity
Chapter XI- Preventive Action Of The Police
Chapter XII- Information To The Police And Their Powers To Investigate
Chapter XIII- Jurisdiction Of The Criminal Courts In Inquiries And Trials
Chapter XIV- Conditions Requisite For Initiation Of Proceedings
Chapter XV- Complaints To Magistrates
Chapter XVI- Commencement Of Proceedings Before Magistrates
Chapter XVII- The Charge
Chapter XVIII- Trial Before A Court Of Session
Chapter XIX- Trial Of Warrant-Cases By Magistrates
Chapter XX- Trial Of Summons-Cases By Magistrates
Chapter XXI- Summary Trials
Chapter XXI-A- Plea Bargaining
Chapter XXII- Attendance Of Persons Confined Or Detained In Prisons
Chapter XXIII- Evidence In Inquiries And Trials
Chapter XXIV- General Provisions As To Enquiries And Trials
Chapter XXV- Provisions As To Accused Persons Of Unsound Mind
Chapter XXVI- Provisions As To Offences Affecting The Administration Of Justice
Chapter XXVII- The Judgment
Chapter XXVIII- Submission Of Death Sentences For Confirmation
Chapter XXIX- Appeals
Chapter XXX- Reference And Revision
Chapter XXXI- Transfer Of Criminal Cases
Chapter XXXII- Execution, Suspension, Remission And Commutation Of Sentences
Chapter XXXIII- Provisions As To Bail And Bonds
Chapter XXXIV- Disposal Of Property
Chapter XXXV- Irregular Proceedings
Chapter XXXVI- Limitation For Taking Cognizance Of Certain Offences
Chapter XXXVII- Miscellaneous
The First Schedule- Classification Of Offences
The Second Schedule- Forms

469. Commencement of the period of limitation.

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.

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 be 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 the Central Government, or

(b) has avoided arrest by absconding or concealing himself,

shall be excluded.

471. Exclusion of date on which Court is closed.

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.

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.

473. Extension of period of limitation in certain cases.—Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, 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.

References


[i]  Inserted by Act 45 of 1978, S. 33.

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