Limitation period for taking cognizance of an offence which is to be reported to the Cyber Crime Cell is based on the same legal principle which lays down limitation for taking cognizance of other offences. There is no separate rule in this regard.
As per Section 468 of the Criminal Procedure Code, 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.
And, there is no limitation period if the offence is punishable with imprisonment for a term exceeding 3 years.
Most of the cyber offences (i.e., offences defined under the Information Technology Act, 2000) are punishable with an imprisonment which may extend to 3 years. For these offences, the limitation period for taking cognizance would be 3 years.
On the other hand, there are certain offences under the IT Act, 2000, for which the maximum punishment can be more than 3 years. There shall be no limitation period for these offences, though the delay may have to be explained if the case is filed after considerable delay.
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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