468 – Limitation of taking cognizance

S. 468 – Limitation of taking cognizance – The Limitation Act, 1963 does not apply to Criminal proceedings unless there are express and specific provision to that effect – Court of law has no power to throw away to prosecution solely on the ground of delay Limitaton, Date of reckoning – The two things, namely – (1) filing of complaint or initiation of criminal proceedings & (2) taking cognizance or issuing process are totally different distinct and interdependent. As soon as complainant files a complaint in a competent court of law, he has done everything which is required to be done by him. Thereafter it is the duty of the Magistrate to consider the matter, to apply his mind and to take an appropriate decision of taking cognizance issuing process or any other action which law contemplates. The complainant has no control over those proceedings. Because of several reasons it may not be possible for the court or the magistrate to issue process or take cognizance but a complainant cannot be penalized for such delay on the part of the court nor he can be non suited because of failure or omission by the Magistrate in taking appropriate action under under the Code. No criminal proceedings can be abruptly terminated when a complainant reaches the court well within the time prescribed by the law. In such cases the doctrine of actus curiae neminem gravabit (an act of court shall prejudice none) would indeed apply. In view of the above for the purpose of computing the period of limitation the date must be considered as the date of filing of complaint or instituting criminal proceeding and not the date of taking cognizance by Magistrate or issuance of the process by Court (Supreme Court has overruled all decisions in which it has been held that the crucial date for computing the limitation is taking a cognizance by Magistrate/Court and not of filing of complaint or initiation of criminal proceedings.) 

Case Law:

Japani Sahoo v. Chandra Sekhar Mohanty; 

Citation:

2007 (5) Supreme 604