Section 469 CrPC: Commencement of Limitation Period – Code of Criminal Procedure
This section deals with the commencement of the limitation period for filing a complaint or FIR in various offenses.
1. State the Code
Section 469 of the Code of Criminal Procedure, 1973
2. Explain the Code
Section 469 outlines the starting point for calculating the limitation period for different types of offenses:
- Cognizable Offences: The limitation period starts from the date the offense was committed.
- Non-Cognizable Offences: The limitation period begins when the Magistrate takes cognizance of the offense, meaning they initiate an inquiry or trial.
- Offenses Against the State: The limitation period commences from the date the offense was discovered by the State Government.
- Continuing Offences: For offenses that continue over time, the limitation period starts from the date the offense ceases.
3. Illustration
Suppose a theft occurs on January 1st. This is a cognizable offense, so the limitation period for filing a complaint begins on January 1st.
4. Common Questions and Answers
Q: What happens if the limitation period expires?
A: Generally, the court cannot take cognizance of the offense if the limitation period has expired.
Q: Are there any exceptions to the limitation period?
A: Yes, the law allows for exceptions in certain circumstances, such as when there are extenuating circumstances preventing the filing of a complaint within the prescribed time.
Q: Who determines the limitation period for specific offenses?
A: The Indian Penal Code (IPC) and other relevant laws specify the limitation periods for different offenses.
