Bar to taking cognizance after lapse of the period of limitation
AI Assist
Summary
No court may take cognizance of certain offences after the prescribed limitation period, except where this Code provides otherwise. 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 exceeding three years. If offences are tried together, the limitation is governed by the offence with the most severe punishment.
Example
Priya files an FIR 14 months after a neighbour damaged her property for an offence punishable with imprisonment up to one year. Because the limitation for that category is one year, the court cannot take cognizance now (unless some other provision of the Code allows it).
Bare Act
Enacted text(1) Except as otherwise provided elsewhere in this Code, 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.
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