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- May 15, 2023
- 3 min read

What Is The Limitation Period Of Criminal Cases?

The Criminal Procedure Code’s fundamental goal is to give the accused a full and fair trial while taking the notions of natural justice into account. In order to administer justice, a number of procedures must be followed, including motions, discovery, pre-trial litigation, and responding to complaints. The trial procedure includes acknowledging an offense, starting the case, reviewing it, and then reaching a conclusion.

Limitation Period of Criminal Offences

It is common knowledge that the authority granted to a magistrate to take a Cognizance of offense is not unrestricted and is subject to the restrictions set forth in Chapter XXXVI of the Act itself.

Section 467: Criminal Procedure Code

Section 468 of the Criminal Procedure Code was included in order to clarify the restrictions and scope that apply to the time frame for taking cognizance of a crime.
Unless the context clearly dictates otherwise, "period of limitation" is defined as the time frame for taking Section 468 cognizance of an offence.
Unless extraordinary circumstances otherwise permit or a change to the Code has been enacted that modifies the aforementioned laws, violating the prescribed period provided in Section 468 will be regarded as going beyond the scope of the Section.

Section 468: Criminal Procedure Code

The limitation period for the offenses punishable with a fine is six months.
The limitation period for offenses punishable with imprisonment not exceeding one year is one year.
The limitation period for offenses punishable with imprisonment for a term exceeding one year and up to three years is three years.

A court is unable to take charge of such offenses after the statute of limitations has run unless the delay has been clarified to the court or an extension is necessary for the best interests of justice based on the facts and circumstances. In this situation, the court extends the statute of limitations and then officially assumes jurisdiction. For offenses carrying a sentence of more than three years in jail, there is no statute of limitations.

Section 469: Commencement of the Limitation Period

The same day when crime was committed
When the person who was wronged by the act was unaware of the crime's commission or the police officers who committed it, the clock starts ticking on the day that the victim learns of the wrongdoing or the police begin their investigation, whichever came first
The first date the accused was known to either the party who was wronged or the police officer conducting the inquiry, whichever was earlier, is used when the individual who committed the act is unidentified or not being identified.

Role of Judiciary

In State of Rajasthan v Sanjay Kumar case, the Court ruled that, in cases of adulteration, the statute of limitations would start on the day the Public Analysts' report was received rather than the day the sample was actually taken.

Possibility to Extend the Limitation Period

The Court has the authority to extend the statute of limitations. The court is not required by this clause to extend the statute of limitations.

Conditions-

When the complainant has been prevented by adequate cause from presenting before the court during the allowed period of limitation, the court will be satisfied with the circumstances and the facts of the case.
The court is satisfied with the explanation provided for the delay's cause.
In the interest of justice, the court believes it is essential to extend the time limit.
In the case of State of Himachal Pradesh v Tara Dutta, the Court determined that when the magistrate invokes the provision and it excuses the delay, the magistrate's order must demonstrate that the delay was adequately clarified to him and that it was required to excuse the delay in the interest of justice.
In the case of Srinivas Pal v Union Territory of Arunachal Pradesh, the Court determined that It is not required to establish whether taking cognizance of the offence must come before the extension of the statute of limitations under Section 473 of the Criminal Procedure Code.

You will need the help of lawyers to help you extend the limitation period if required. If you need the help of lawyers to extend the limitation period in Indore, then criminal lawyers in Indore can be hired, and if you need the help of lawyers to extend the limitation period in Kochi, then criminal lawyers in Kochi can be hired. Similarly, criminal lawyers in Bengaluru can be employed if you need the help of lawyers to extend the limitation period in Bengaluru.

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