Commencement of period of limitation
AI Assist
Summary
The limitation period for prosecuting an offender begins on the date of the offence, or if the victim or any police officer learns of the offence later, on the first day it comes to their knowledge, whichever is earlier. If the offender’s identity is unknown, it begins when the offender’s identity is first known to the victim or to the investigating police, whichever is earlier. The day from which the period is to be computed is excluded.
Example
Priya returns to her shop after a week and finds stock missing; she informs the police the same day. The limitation period starts on that first day when she or the police learned of the theft, and that starting day is excluded when computing the period.
Bare Act
Enacted text(1) The period of limitation, in relation to an offender, shall commence,-
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(a) on the date of the offence; or
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(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or
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(c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.
(2) In computing the said period, the day from which such period is to be computed shall be excluded.
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