The Period of Limitation for Taking Cognizance

Limitation means a bar, a check, restrain or an obstacle which prevents action.

A period of limitation means the period within which a thing may be done but beyond which it shall not be done. The expiry of this period operates as a bar to the action for which it is prescribed.

Ordinarily the right, or the duty, whichever we my call it, to punish crime always remains alive. It does not abate with the passage of time.

The present Code adopts a dual policy. It prescribes a period of limitation for offences punishable with fine only or imprisonment for three years but recognises no limitation for heavily punishable offences. Limitation does not extinguish inquiry; it only bars action against it by the Criminal Court. Apart from vigilance in action from becoming weaker and thereby helps justice, even otherwise , as we know: “justice delayed is justice denied.”

According to S.468 of the Criminal Procedural Code, 1973 “except as otherwise provided in this Code, no Court shall take cognizance of the following offences after the expiry of the period of limitation respectively mentioned against them:

a) 6 months, if the offence is punishable with fine only ;
b) 1 year, if the offence is punishable with imprisonment not exceeding 1 year;
c) 3 years, if the offence is punishable with imprisonment exceeding 1 year but not exceeding 3 years.

For the purpose 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 more sever punishment.”

There is no limitation for offences which are more severely punishable (punishable with imprisonment more than 3 years).