Chapter XXXVI
Section 469 CrPC: Commencement of the period of limitation
New Law Update (2024)
Section 532 BNSS
TRIAL COURT
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) The period of limitation, in relation to an offence, shall commence—
(a) on the date of the offence; or
(b) 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
(c) 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.
Important Sub-Sections Explained
Section 469(1) CrPC
This crucial sub-section outlines when the clock for the period of limitation begins ticking for a criminal offence. It provides three distinct starting points: the date of the offence, the date of knowledge of the offence, or the date of knowledge of the offender, ensuring flexibility based on when information becomes available.
Section 469(2) CrPC
This sub-section specifies a rule for calculating the limitation period, stating that the very first day from which the period is to be counted should always be excluded. This ensures fairness and prevents the period from being unfairly shortened by one day.
Landmark Judgements
Japani Sahoo v. Chandra Sekhar Mohanty (2007):
This judgment clarified that for computing the period of limitation, the date of knowledge of the offence or the offender’s identity can be the starting point, not solely the date of the offence itself, thereby giving effect to clauses (b) and (c) of sub-section (1).
Sarah Mathew v. Institute of Cardio Vascular Diseases (2014):
A Constitution Bench ruled that the crucial date for determining whether a complaint is within the limitation period is the date on which the Magistrate takes cognizance of the offence, rather than the date of filing the complaint.
State of H.P. v. Shri Om Prakash (1998):
The Supreme Court reiterated the principle that the period of limitation commences from the date of the offence or the date of knowledge of the offence/offender, whichever is applicable, highlighting the objective of preventing stale prosecutions while ensuring justice.