Definition of Limitation and Limitation period is applicable for taking cognizance of offences in criminal cases. If the limitation period is over cognizance of offence cannot be taken except in some circumstances.
If the offence is punishable with fine only, the period of limitation is six months and
if the offence is punishable with imprisonment for a term less than 1 year, the limitation period is one year
In case of the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is 3 year. But in some cases there are provisions of exclusion of time. As per Section 473 of CRPC the limitation period can be extended in some cases.
Section 467 of Code of Criminal Procedure 1973 "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.
Section 468 of Code of Criminal Procedure 1973 "Bar to taking cognizance after lapse of the period of limitation"
As per Section 468(1) of Code of criminal Procedure 1973 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.
Commencement of the period of limitation Section 469 of Code of
Criminal Procedure
As per Section 469 (1) of Code of Criminal Procedure 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 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 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.
Exclusion of time in certain cases Section 470 of Code of
Criminal Procedure
As per Section 470(1) of Code of Criminal Procedure 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 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 be, the time required for obtaining such consent or sanction shall 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.
Exclusion of date on which Court is closed- Section 471 of Code
of Criminal Procedure 1973
As per Section 471 of Code of Criminal Procedure 1973 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.
Continuing offence- Section 472 of Code of Criminal Procedure
1973
As per Section 472 of Code of Criminal Procedure 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.
Extension of period of limitation in certain cases- Section 473
of Code of Criminal Procedure
As per section 473 of Code of Criminal Procedure 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 of 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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STATE AMENDMENT
Andhra Pradesh and Telangana
Chapter XXXVI of Code of Criminal Procedure, 1973 not to apply to certain offences.-Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973, shall apply to-
(i) any offences punishable under any of the enactments specified in the Schedule; or
(ii) any other offences, which under the provisions of that Code, may be tried along with such offences, and
every offence referred to in clause (i) or clause (ii), may be taken cognizance of by the court having jurisdiction as if the provisions of that Chapter were not enacted.
[Vide the Andhra Pradesh Act 17 of 1982, s. 2]
DISPOSAL OF PROPERTY
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
Section 468, 469, 470, 471, 472 and 473 of Code of Criminal Procedure 1973 - What is the limitation period for taking cognizance of offences under CRPC