Extension of period of limitation in certain cases
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Summary
A court may take cognizance of an offence even after the limitation period has expired if the facts and circumstances show the delay has been properly explained or if taking cognizance is necessary in the interests of justice. It applies when a complaint or FIR is filed late. Consequence: the court can proceed with the case despite the expired limitation period.
Example
Priya files an FIR three months after her shop was stolen because she was hospitalized for several weeks. The court accepts her medical explanation and takes cognizance despite the expired limitation period, so the case goes forward.
Bare Act
Enacted textNotwithstanding anything contained in the foregoing provisions of this Chapter, any Court may make cognizance of an offence after the expiry of the period of limitations, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.
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