Thu. Oct 22nd, 2020

Section 468 bar to taking cognizance after lapse of the period of Limitation

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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-

(a) six months,if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(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 references to the offence  which is punishable with the more severe punishment or , as the case may be , the most severe punishment.

COMMENT

(1)The Language of sub section (3) of section 468 makes it imperative that the limitation provided for taking cognizance in section 468 is in respect of offence charged and not in respect of offence finally proved; State of Himachal pradesh v.Tara Dutt ,AIR 2000 SC 297.

(2) Once the Limitation has begun to run ,it runs it full course;Venkappa Gurappa Hosur v. Kasawwa , (1997) 4 Supreme 217.

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