The limitation period for taking cognizance of an offence is laid down in Section 468 of the Criminal Procedure Code (Cr.P.C.). Accordingly, the time limit for filing a private complaint before a court in respect of an offence is also as per the time periods mentioned in Section 468 of the Cr.P.C.
As per this, the limitation for filing private complaint for an offence is not fixed and it depends on the quantum of punishment prescribed for that offence.
This period of limitation is as under:
- 6 months, if the offence is punishable with fine only;
- 1 year, if the offence is punishable with imprisonment for a term not exceeding 1 year;
- 3 years, if the offence is punishable with imprisonment for a term exceeding 1 year but not exceeding 3 years.
- No time limit, if the offence is punishable with imprisonment for a term exceeding 3 years, or with life imprisonment, or with death penalty.
Section 468 of Cr.P.C. is reproduced below:
“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.
(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.”
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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