LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES :
In general, there is no limitation of time in filling complaints under the Code. But delay may hurdle the investigation.
Further, the Indian Limitation Act provides the period of limitation for appeal and revision applications. Therefore,
chapter XXXVI has been introduced in the Code prescribing limitation period for taking cognizance of certain
offences. (Sections 467 to 473)
Except as otherwise specifically provided in the Code, no Court shall take cognizance of an offence after the expiry of the period of limitation mentioned below:
(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; and
(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
The period of limitation in relation to offences which may be tried together shall be determined with reference to the gravity of the offence where the punishment inflicted for such offence is more severe or the most severe.
Commencement of the period of limitation
The period in relation to an offender commences (a) on the date of the offence; (b) if the commission of the offence was not known to the person aggrieved or to the police officer, the first day on which either such offence comes to the knowledge of such person or to any police officer, whichever is earlier; (c) where the identity of the offender is not known, the first day on which such identity becomes known either to the person aggrieved or the police officer whichever is earlier. (Section 469)
The object of Section 468 is to prescribe the period of limitation and the Court is enjoined not to take cognizance of an offence specified in sub-section (2) after the expiry of such period of limitaiton. The object is to prevent the parties from filing the case after a long time so that the material evidence may not vanish. Section 469 fixes the day from which the period of limitation should begin to run. However, Section 470 provides provisions for exclusion of time in certain cases. These are as under:
(a) the period during which another prosecution was deligently prosecuted (the prosecution should relate to the same facts and is prosecuted in good faith);
(b) the period of the continuance of the stay order or injunction (from the date of grant to the date of withdrawal) granted against the institution of prosecution;
(c) where notice of prosecution has been given, the period of notice;
(d) where previous sanction or consent for the institution of any prosecution is necessary, the period required for obtaining such consent or sanction including the date of application for obtaining the sanction and the date of the receipt of the order;
(e) the period during which the offender is absent from India or from territory outside India under Central Govt. Administration; and
(f) period when the offender is absconding or concealing himself. (Section 470)
If limitation expires on a day when the Court is closed, cognizance can be taken on the day the Court re-opens. (Section 471)
Continuing offence – In the case of a continuing offence, a fresh period of limitation begins to run at every moment during which the offence continues. (Section 472)
Extension of period of limitation – The Court may take cognizance of an offence after the expiry of the period of limitation if it is satisfied that (i) the delay is properly explained or (ii) it is necessary to do so in the interests of justice. (Section 473)