Chapter XXXVI
Section 473 CrPC: Extension of period of limitation in certain cases
New Law Update (2024)
Section 480 BNSS
TRIAL COURT
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, 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.
Important Sub-Sections Explained
Landmark Judgements
Vanka Radhamanohari v. Vanka Venkata Reddy (2000):
The Supreme Court clarified that Section 473 is an enabling provision empowering the court to condone delay. This power is discretionary, requiring the court’s satisfaction that the delay has been properly explained or that such condonation is necessary in the interests of justice, ensuring that justice is not defeated by mere technicalities.
Japani Sahoo v. Chandra Sekhar Mohanty (2007):
The Supreme Court reiterated the discretionary nature of Section 473, emphasizing that courts must exercise this power judiciously. It held that the court must record its satisfaction regarding the explanation for the delay or the necessity of condoning the delay in the interests of justice before taking cognizance of an offence after the limitation period.
Draft Format / Application
IN THE COURT OF THE LEARNED [MAGISTRATE/SESSIONS JUDGE] AT [CITY/DISTRICT]
C.C. No. / S.C. No. ______ OF 20XX
IN THE MATTER OF:
[Name of Complainant/Applicant]
Son/Daughter/Wife of [Father’s/Husband’s Name]
Resident of [Address]
… Complainant/Applicant
VERSUS
[Name of Accused/Respondent]
Son/Daughter/Wife of [Father’s/Husband’s Name]
Resident of [Address]
… Accused/Respondent
APPLICATION FOR CONDONATION OF DELAY UNDER SECTION 473 OF THE CODE OF CRIMINAL PROCEDURE, 1973
MOST RESPECTFULLY SHOWETH:
1. That the Complainant/Applicant has filed the accompanying Complaint/Application/Petition seeking [briefly mention the relief sought, e.g., prosecution of the accused for offences under Section(s) …] against the Accused/Respondent.
2. That the cause of action for the said Complaint/Application/Petition arose on or about [Date of Offence/Cause of Action] and the period of limitation for taking cognizance of the said offence expired on [Date of Expiry of Limitation].
3. That the present Complaint/Application/Petition is being filed on [Date of Filing], thereby entailing a delay of approximately [Number] days/months/years in its filing.
4. That the delay in filing the present Complaint/Application/Petition was neither intentional nor deliberate but occurred due to bona fide reasons, which are as follows:
[**Provide detailed explanation for the delay here. Be specific and provide supporting facts. Examples:**
* The Applicant was suffering from a severe illness and was undergoing treatment from [Start Date] to [End Date], attaching medical certificates.
* The Applicant was unaware of the specific legal provisions and was seeking legal advice which took time.
* The Applicant was engaged in bona fide negotiations with the Accused for a settlement, which ultimately failed.
* The Applicant belongs to a rural area and faced difficulties in accessing legal aid and transportation.]
5. That the delay caused, as explained above, is justifiable and sufficient cause has been shown for condoning the same.
6. That if the delay is not condoned, the Complainant/Applicant will suffer irreparable loss and injury, and it would lead to a grave miscarriage of justice as the offences committed by the Accused/Respondent are serious and warrant judicial intervention.
7. That it is necessary in the interests of justice to condone the delay and take cognizance of the accompanying Complaint/Application/Petition to ensure that justice is meted out and the Accused/Respondent does not escape liability on mere technical grounds of limitation.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:
a) Condonethe delay of [Number] days/months/years in filing the accompanying Complaint/Application/Petition.
b) Take cognizance of the offence(s) mentioned in the accompanying Complaint/Application/Petition against the Accused/Respondent.
c) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT SHALL EVER REMAIN GRATEFUL.
Date: [Date]
Place: [Place]
(Signature of Complainant/Applicant)
[Name of Complainant/Applicant]
THROUGH COUNSEL
(Signature of Advocate)
[Name of Advocate]
Advocate for the Complainant/Applicant
[Enrollment No.]
[Contact Details]