Code of Criminal Procedure CRPC 36 Limitation for Taking Cognizance of Certain Offences

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Code of Criminal Procedure, 1973

Chapter – CRPC 01 Preamble and Preliminary

Chapter – CRPC 02 Constitution of Criminal Courts and Offices

Chapter – CRPC 03 Power of Courts

Chapter – CRPC 04 Power of Superior Officers of Police & Aid to Magistrates and Police

Chapter – CRPC 05 Arrest of Persons

Chapter – CRPC 06 Processes to Compel Appearance

Chapter – CRPC 07 Processes to Compel the Production of Things

Chapter – CRPC 07a Reciprocal Arrangements, Procedure for Attachment and Forfeiture of Property

Chapter – CRPC 08 Security for Keeping the Peace and for Good Behaviour

Chapter – CRPC 09 Order for Maintenance of Wives, Children and Parents

Chapter – CRPC 10 Maintenance of Public Order and Tranquillity

Chapter – CRPC 11 Preventive Action of the Police

Chapter – CRPC 12 Information to the Police and their Powers to Investigate

Chapter – CRPC 13 Jurisdiction of Criminal Courts in Inquiries and Trials

Chapter – CRPC 14 Conditions Requisite for Initiation of Proceedings

Chapter – CRPC 15 Complaints to Magistrates

Chapter – CRPC 16 Commencement of Proceedings before Magistrates

Chapter – CRPC 17 The Charge

Chapter – CRPC 18 Trial before a Court of Session

Chapter – CRPC 19 Trial of Warrant-Cases by Magistrates

Chapter – CRPC 20 Trial of Summons-Cases by Magistrates

Chapter – CRPC 21 Summary Trials

Chapter – CRPC 21a Plea Bargaining

Chapter – CRPC 22 Attendance of Persons Confined or Detained in Prisons

Chapter – CRPC 23 Evidence in Inquiries and Trials

Chapter – CRPC 24 General Provisions as to Inquiries and Trials

Chapter – CRPC 25 Provisions as to Accused Persons of Unsound Mind

Chapter – CRPC 26 Provisions as to Offences affecting Administration of Justice

Chapter – CRPC 27 The Judgement

Chapter – CRPC 28 Submission of Death Sentences for Confirmation

Chapter – CRPC 29 Appeals

Chapter – CRPC 30 Reference and Revision

Chapter – CRPC 31 Transfer of Criminal Cases

Chapter – CRPC 32 Execution, Suspension, Remission and Commutation of Sentences

Chapter – CRPC 33 Provisions as to Bail and Bonds

Chapter – CRPC 34 Disposal of Property

Chapter – CRPC 35 Irregular Proceedings

Chapter – CRPC 36 Limitation for Taking Cognizance of Certain Offences

Chapter – CRPC 37 Miscellaneous

Chapter – CRPC The First Schedule

Chapter – CRPC The Second Schedule

Chapter 36 – Limitation For Taking Cognizance Of Certain Offences

Provisions of this Chapter shall not apply to certain economics offences, see the Economic Offences (Inapplicability of Limitation Act, 1974 (12 of 1974), section 2 and Schedule.

Section 467 – Definitions

For the purposes of this Chapter, unless the context otherwise, requires, period of limitation means the period specified in section 468 for taking cognizance of an offence.

Section 468 – Bar to taking cognizance after lapse of the period of limitation

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 –
   1. six months, if the offence is punishable with fine only;
   2. one year, if the offence is punishable with imprisonment for a term not exceeding one year;
   3. 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.

Section 469 – Commencement of the period of limitation

1. The period of limitation, in relation to an offence, shall commence,
   1. on the date of the offence; or
   2. 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
   3. 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.

Section 470 – Exclusion of time in certain cases

1. In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
2. Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
3. Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, than, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

Explanation – In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.

1. In computing the period of limitation, the time during which the offender:
   1. has been absent from the India or from any territory outside India which is under the administration of the Central Government, or
   2. has avoided arrest by absconding or concealing himself, shall be excluded.

Section 471 – Exclusion of date on which Court is closed

Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens. Explanation – A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.

Section 472 – Continuing offence

In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

Section 473 – Extension of period of limitation in certain cases

Notwithstanding 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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