CrPC Section 468
CrPC Section 468 – Bar to Taking Cognizance after Lapse of the Period of Limitation
Section 468 of the Criminal Procedure Code (CrPC), 1973 lays down the limitation period for taking cognizance of certain offences. This means that after a specific period, a court cannot take cognizance (i.e., formally begin legal proceedings) of an offence. This provision is aimed at ensuring timely prosecution and avoiding stale cases.
🔹 Text of Section 468(1):
“Except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in subsection (2), after the expiry of the period of limitation.”
🔹 Section 468(2): Limitation Periods
The section classifies the limitation periods based on the maximum punishment prescribed for the offence:
| Type of Offence | Maximum Punishment | Limitation Period |
|---|---|---|
| Offence punishable with fine only | Fine only | 6 months |
| Offence punishable with imprisonment up to 1 year | ≤ 1 year | 1 year |
| Offence punishable with imprisonment more than 1 year but not more than 3 years | > 1 year and ≤ 3 years | 3 years |
✅ Note: If the offence is punishable with imprisonment of more than 3 years, Section 468 does not apply, and there's no limitation for taking cognizance.
🔹 Purpose of Section 468
To prevent delays in prosecution.
To ensure evidence is fresh and not stale.
To reduce the burden on courts by discouraging prosecution of minor offences after a long lapse of time.
🔹 When Does the Limitation Period Start?
Though Section 468 specifies the duration, Section 469 of CrPC provides that the starting point for the limitation period is:
The date of the offence, or
The date the offence comes to the knowledge of the aggrieved person or the police (whichever is earlier),
Or the date when the identity of the offender becomes known (if not known initially).
🔹 Examples
Theft of a minor nature (punishable with 1 year imprisonment):
Limitation period = 1 year
If the theft occurred on 1st Jan 2022, cognizance must be taken by 31st Dec 2022.
Criminal trespass (punishable with 3 months imprisonment):
Limitation period = 6 months
If offence occurred on 1st Feb 2023, court must take cognizance by 31st July 2023.
🔹 Exceptions & Extensions
Section 473 CrPC allows the court to take cognizance even after the limitation period if the delay is properly explained or if the court is satisfied that doing so is in the interest of justice.
🔹 Key Judicial Interpretations
State of Himachal Pradesh v. Tara Dutt & Ors (2000):
Supreme Court held that the object of limitation is to prevent the filing of stale cases and to protect the accused from being tried for an offence after a long time.
Sarah Mathew v. Institute of Cardio Vascular Diseases (2014):
It was held that “cognizance” is taken when a magistrate applies his mind to the offence—not when the complaint is filed. So, limitation is counted till the court takes cognizance, not till the complaint is merely submitted.
🔹 Important Points to Remember
Applies only to minor offences (punishment ≤ 3 years).
No limitation applies to serious offences (punishment > 3 years).
The Court must not take cognizance after the limitation period unless extended under Section 473.
The complaint must be filed early enough so that the magistrate can take cognizance within the limitation period.
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