Bar to taking cognizance after lapse of period of limitation
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Summary
Courts cannot take cognizance of an offence after the statutory limitation period has expired, unless another provision allows it. The limitation is six months for offences punishable with fine only, one year for offences punishable with imprisonment up to one year, and three years for offences punishable with imprisonment exceeding one year but not more than three. Where offences may be tried together, the longest applicable limitation governs. The clock starts on the date a complaint is filed under section 223 or when information is recorded under section 173.
Example
Rohan finds that his neighbour painted graffiti on his shop, an act punishable with fine only. He files a complaint seven months after the incident. Because the six-month limitation has passed, the court cannot take cognizance unless some other provision allows it.
Bare Act
Enacted text(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be-
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(a) six months, if the offence is punishable with fine only;
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(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;
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(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
(3) For the purposes 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 most severe punishment.
Explanation.-For the purpose of computing the period of limitation, the relevant date shall be the date of filing complaint under section 223 or the date of recording of information under section 173.
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