The
Code of Criminal Procedure, 1973
CHAPTER XXXVI9
: LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
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
(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.
10[(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.]
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
(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 executed:
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 office, 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
Where the period of limitation expires on a day when the Court is closed,
the Court may take cognizance on the day 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
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
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.
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