Plea of Limitation:

We often take the plea of limitation when issues are time barred and this constitutes a convenient escape route for otherwise legitimate demands made. In fact, Chapter XXXVI of the Code of Criminal Procedure, 1973 talks about limitation for taking cognizance of offences by the Courts trying the offence. The limitation is contained in section 468 of the Code. However, the Parliament has enacted The Economic Offences (Inapplicability of Limitation Act, 1974) which makes the provisions of the Code of Criminal Procedure inapplicable to economic offences. Central Excise Law and Customs law figure in this Act to which the Code will not apply. Therefore, the Parliament has chosen to stick to the maxim “nullum tempus occurrit regi” – lapse of time does not bar the right of the Crown. It must also be noted that section 473 of the Code specifically empowers the Court to take cognizance of offence barred by limitation if the delay is properly explained and it is necessary in the interests of justice.