The Myth of the "Magic" Limitation Period: A CrPC 1973 Deep Dive for CLAT PG / AILET PG Aspirants

Understanding the intricacies of the Code of Criminal Procedure (CrPC) 1973 is a crucial aspect of any law student's or junior advocate's toolkit, and even more so for those aiming to crack the prestigious CLAT PG or AILET PG exams. One often misunderstood concept in this context is the limitation period, specifically under Section 468 CrPC 1973. In this article, we'll delve into the myth-busting world of CrPC and uncover the truth about the limitation period.

What is Section 468 CrPC 1973?

Section 468 CrPC 1973 deals with the limitation period for taking cognizance of certain offenses. It states that no court shall take cognizance of an offense punishable with imprisonment for a term exceeding three years, or of any offense punishable with fine only, unless, within the periods hereinafter mentioned, namely, 3 years from the date of commission of the offense, a complaint in writing of such offense has been made:

• The court is satisfied that the complaint was instituted with the consent in writing of the person against whom the offense was committed.
• The complaint was made by a public servant, being a complaint relating to an offense alleged to have been committed by a public servant, while acting or purporting to act in the discharge of his official duty.
• The complainant is a child (below 18 years), and the offense alleged to have been committed is an offense punishable with death, or imprisonment for life, or imprisonment for a term of not less than 7 years, or an offense which may be tried as a summary trial.
• The complaint was made by the person against whom the offense was committed, but the court is satisfied that the complaint was instituted with the consent in writing of the complainant.

When does the limitation period really start?

A common myth surrounding Section 468 CrPC 1973 is that the limitation period starts from the date of the commission of the offense. However, the real answer lies in the concept of "cognizance." Cognizance is the act of a Magistrate or a Metropolitan Magistrate taking the first step in the judicial process, such as registering a First Information Report (FIR) or issuing a summons. The limitation period starts from the date of cognizance, not the date of the commission of the offense.

Bharadwaj v. State of Haryana and Kesavananda Bharati v. State of Kerala: A Tale of Two Cases

In Bharadwaj v. State of Haryana, the Supreme Court held that the limitation period under Section 468 CrPC 1973 starts from the date of cognizance, not the date of the commission of the offense. This ruling was later reaffirmed in Kesavananda Bharati v. State of Kerala, where the court clarified that the limitation period is a procedural bar and not a substantive right.

So, what's the takeaway?