Condonation of delay under criminal procedure code

[Anonymous]

If there is a delay in filing complaint in a criminal case then under what provision of the criminal procedure code can I file an application for condonation of delay? Is there any maximum limit for delay which can be condoned?

[Dr. Ashok Dhamija]

Section 473 of the Criminal Procedure Code provides for condonation of delay in filing a complaint and permits the court to take cognizance of an offence even after the expiry of the period of limitation. This section is reproduced below:

“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.”

As can be seen from this section, there is no maximum limit for delay which can be condoned. It all depends on the facts and circumstances of the case and the court should be satisfied that the delay has been properly explained or that it is necessary to condone the delay in the interests of justice.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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