Chapter XXXVI
Section 468 CrPC: Bar to taking cognizance after lapse of the period of limitation
New Law Update (2024)
Section 492 BNSS
TRIAL COURT
Punishment
Imprisonment up to 1 Year(s) + Fine
Cognizable?
Bailable?
Compoundable?
Bare Act 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- six months, if the offence is punishable with fine only; one year, if the offence is punishable with imprisonment for a term not exceeding one year; 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.
Important Sub-Sections Explained
Section 468(1)
This sub-section establishes the general rule that courts cannot initiate proceedings (take cognizance) for certain offences once the specified period of limitation has passed, unless other provisions in the Code allow it.
Section 468(2)
This sub-section clearly defines the specific time limits for taking cognizance based on the severity of the offence: six months for fine-only offences, one year for imprisonment up to one year, and three years for imprisonment between one and three years.
Landmark Judgements
Japani Sahoo v. Chandra Sekhar Mohanty (2007):
This Supreme Court case clarified that the period of limitation under Section 468 CrPC commences from the date of the offence or from the date when the offence comes to the knowledge of the aggrieved person or police, whichever is later. It emphasized that the bar applies to the taking of cognizance, not merely the filing of the complaint.
Sarah Mathew v. Institute of Cardio Vascular Diseases (2014):
A Constitution Bench of the Supreme Court held that for the purpose of computing the period of limitation under Section 468 CrPC, the relevant date is the date of filing of the complaint or the institution of prosecution, and not the date on which the Magistrate takes cognizance.