Limitation of Taking Cognizance | Criminal Law - CLAT PG PDF Download

Introduction 

The Code of Criminal Procedure (CrPC) outlines the time limits within which a court can take cognizance of an offense in Chapter XXXVI, specifically in Sections 467 to 473.

Limits to Take the Cognizance of Offences 

The power of a Magistrate to take cognizance of an offense is not absolute and is subject to the limitations set out in Chapter XXXVI of the CrPC.

Section 467 

Section 467 aims to establish the limitations and scope regarding the time frame for taking cognizance of an offense as detailed in Section 468.

• In this context, the "period of limitation" refers to the time specified for taking cognizance of an offense under Section 468, unless stated otherwise.

Section 468: Bar to Take the Cognizance of an Offence 

• No Court shall take cognizance of an offence after the expiry of the prescribed period as specified in subsection (2). 
• The period of limitation shall be: 
• Offence punishable with Fine only: Period of Limitation: 6 months 
• Imprisonment not exceeding 1 year: Period of Limitation: 1 year 
• Imprisonment: Minimum of 1 year: Maximum of 3 years 
• Period of Limitation: 3 years 
• When two offences are tried together, the period of limitation is determined by the offence with the more severe punishment. 

Non-Applicability of Section 468 

• On the day the offence was committed.
• When the person aggrieved by the act became aware of the offence or when the police officer began investigating the case, whichever is earlier.
• If the offender is unknown, from the first date the accused was known to either the aggrieved person or the police officer investigating the case, whichever is earlier.

Section 470: Exclusion of Time in Certain Cases 

This section outlines the periods that are excluded when computing the period of limitation.

• The time during which a person is prosecuting another case against the offender with due diligence, whether in a court of appeal or the court of first instance.
• If the institution of proceedings is stayed by an order or injunction, the following times are excluded:
• The period during which the order or injunction is in effect.
• The day the order or injunction was made or issued.
• The day the order or injunction was withdrawn.
• In cases where notice of prosecution is required, or government consent or sanction is mandatory, the following times are excluded:
• The period for notice.
• The period for obtaining government consent or sanction.
• The time needed for obtaining consent or permission from the government or other authorities is also excluded.
• The date of application for consent or sanction and the date of granting consent or sanction are excluded.
• The time when the offender is absent from India or from territories administered by the Central Government.
• The time when the offender avoids arrest by concealing themselves or absconding.

Section 471: Exclusion of Date on Which Court is Closed 

• The day when the court is closed is not counted in the specified period of limitation.
• If the period of limitation ends on a day when the court is closed, the court takes cognizance of the offence when it reopens.
• If the court is closed during normal working hours for a specific period, it is assumed to be closed for that day.

Section 472: When the Offence Continues 

• When an offence is ongoing or happening repeatedly, a new period of limitation starts at every moment the offence is committed.
• This applies throughout the entire duration that the offence continues.