CrPC Section 469
📜 Bare Language of Section 469 (Simplified)
Section 469(1) of the CrPC states that the period of limitation starts:
(a) On the date of the offence;
OR
(b) If the offence is not known to the aggrieved person or to any police officer, then the limitation period begins from the first day it comes to the knowledge of any of them, whichever is earlier;
OR
(c) If the identity of the offender is not known, the limitation begins from the first day on which the identity of the offender is known to the aggrieved person or the investigating police officer, whichever is earlier.
Section 469(2) states that the time during which the court is closed shall be excluded if the last day of the limitation falls on such a day.
🔍 Explanation in Detail
✅ Purpose of Section 469
This section is important to determine when the clock starts ticking for the limitation period for filing a complaint or taking cognizance of an offence. This ensures:
Timely prosecution.
Protection against stale claims.
Legal certainty.
📅 Key Scenarios Covered
1. When the offence is known on the date it happens (Clause a)
Limitation starts from that very date.
Example: A theft occurred on 1st January, and the victim knew it immediately. The limitation starts on 1st January.
2. When the offence is not known immediately (Clause b)
If the aggrieved person or police didn't know about the offence when it happened, the limitation starts from the date they got to know.
Example: A fraud happened in January but was discovered in April — the limitation starts from April.
3. When the offender is not known (Clause c)
If the person knows about the crime but doesn’t know who committed it, the clock doesn’t start ticking until the offender is identified.
Example: You know your car was stolen on 1st Jan, but you discover the thief’s identity on 1st June — limitation starts from 1st June.
🧭 Exclusion of Court Holidays (Subsection 2)
If the last day of the limitation period falls on a day the court is closed (e.g., a weekend or public holiday), then:
The complaint can be filed on the next working day.
🛑 Why This Matters
In criminal cases, especially less serious offences (like bailable offences, or those punishable with less than 3 years), the law imposes a time limit for taking legal action. This section helps ensure that:
Innocent people are not dragged into litigation for outdated matters.
Evidence and witnesses are still fresh.
🔍 Illustration
Example Scenario:
A person commits criminal trespass on 1st Jan.
Victim discovers it only on 1st March.
The offender is identified on 1st April.
So, when does the limitation start?
Since the offence was unknown until 1st March, and the offender was identified only on 1st April, the limitation starts from 1st March or 1st April, whichever is earlier.
Hence, it starts from 1st March.
📝 Conclusion
Section 469 CrPC plays a vital role in initiating timely criminal proceedings. It defines the starting point of the limitation period for different factual situations—ensuring fairness and consistency in legal processes.
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