Limitation in Taking Cognizance

CHANAKYA NATIONAL LAW
UNIVERSITY, PATNA
CRIMINAL LAW- II
PROJECT TOPIC: PERIOD OF LIMITATION IN TAKING COGNIZANCE OF
AN OFFENCE
NAME: SEVAL JAIN
ROLL NO.: 2256
COGNIZANCE OF OFFENCES
 MEANING: Taking judicial notice by court of law

 Conditions of taking cognizance under crpc:
a) By Magistrate u/s 190:
· upon receiving a complaint
· upon a police report
· upon information received from any person other than a police officer
upon his own knowledge that such offence has been committed
b) By court of session u/s 193
CASE: NUPUR TALWAR v. CBI
PERIOD OF LIMITATION IN TAKING
 Chapter XXXVI, Section 467- 473 of CrPc.
 Section 467: Definition of period of limitation as any period which has
been specified in Section 468.
 Section 468:
Offence punishable with Period of Limitation
Fine only 6 months
Imprisonment not exceeding 1 year 1 year
Imprisonment:
Minimum of 1 year 3 years
Maximum of 3 years
 Section 469 (Commencement of Period of Limitation)
 On the date of commission of offence
 When the person aggrieved by the act had no knowledge regarding the commission
the offence or the police officer; it begins on the day when it comes to the
knowledge of the aggrieved party or police making an investigation into the case
whichever is earlier.-
 When the person who has committed an act is unknown or not being identified, the
first date on which the accused was known either to the aggrieved person or to the
police officer making an investigation into the case whichever is earlier.
 Section 470- Exclusion of time in certain cases
 Section 471- Exclusion of the date on which the court is closed, i.e. the
court may take cognizance on the day on which the court reopens
 Section 472: In case of continuing offence, a fresh period of limitation will
begin
 Section 473: The period of limitation can be extended when:
1. The court is satisfied that the delay has been properly explained;
2. If it necessary to take cognizance in the interest of justice.
INDIAN LIMITATIONS ACT
 SECTION 5
In the civil case, the court has a discretionary power to extend the period of
limitation when
1. The court is satisfied for the sufficient cause for not appearing
2. Cause of reason is sufficiently explained
3. Necessary in the interest of justice
WIDE DESCRITIONARY POWER OF THE COURT

JUDICIAL PRONOUNCEMENTS
 SARAH MATHEW v. INSTITUE CARDIO VASCULAR DISEASE AND

ORS. (2014)
Certain reasons were held:
1. Objective of Chapter 36 of the code
2. Balance between the interests of the accused and the complainant.
3. Section 473 having an overriding effect on Section 468 of the code
JUDICIAL PRONOUNCEMENTS
 VANKA RADHAMANOHARI v. VANKA VANKATA REDDY & ORS.

1. Difference between Sec 5 of LA and Sec 473 of CrPc as:
Sec 5: onus is on the applicant to satisfy the court that there was sufficient
cause for condonation of delay
Sec 473: a duty on the court to examine not only whether such delay has been
explained, but as to whether it is the requirement of justice to ignore such
delay.
2. Relevant date for computing period of limitation:
It is the date of filing of complaint or the date of institution of prosecution and
not the date of magistrate taking the cognizance
NEED OF PERIOD OF LIMITATION
 to avoid the unnecessary delay in filing a complaint by the complainant.

 to protect persons from prosecution from state grievances and complaints
which may turn out to be vexatious.
 To prevent miscarriage of justice from loss of necessary evidences.
 the testimony of witnesses becomes weaker with the lapse of time and memory
and consequently the chances of errors in judgments increase
 to ensure that the offender is convicted and punished quickly to ensure speedy
justice.
 to prevent the parties from filing a case after a long time, which many times,
results in the disappearance of material evidence and filing of vexatious and
belated prosecutions long after the date of the offence.
CONCLUSION
 PURPOSE: to avoid malicious cases.

 HYPOTHESIS: The relevant date for computing the period of limitation is
the date of filing of complaint because that is the day the court comes to
know about the case.
 IT IS PROVED TRUE

Limitation in Taking Cognizance

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CHANAKYA NATIONAL LAW

 MEANING: Taking judicial notice by court of law

· upon a police report

Minimum of 1 year 3 years

WIDE DESCRITIONARY POWER OF THE COURT

 SARAH MATHEW v. INSTITUE CARDIO VASCULAR DISEASE AND

 VANKA RADHAMANOHARI v. VANKA VANKATA REDDY & ORS.

 to avoid the unnecessary delay in filing a complaint by the complainant.

 PURPOSE: to avoid malicious cases.

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