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Tag: CrPC 469 – Commencement of the period of limitation

Surinder Mohan Vikal Vs Ascharaj Lal Chopra on 28 Feb 1978

Posted on October 16, 2021 by ShadesOfKnife

A division bench of Supreme Court held that, the defamation has to be filed with in time limitation while also referring to 468, 469 and 470 CrPC.

It would thus appear that the appellant was entitled to the benefit of sub-section (1) of section 468 which prohibits every Court from taking cognizance of an offence of the category specified in sub-section (2) after the expiry of the period of limitation. It is hardly necessary to say that statutes of limitation have legislative policy behind them. For instance, they shut out belated and dormant claims in order to save the accused from unnecessary harassment. They also save the accused from the risk of having to face trial at a time when his evidence might have been lost because of the delay on the part of the prosecutor. As has been stated, a bar to the taking of cognizance has been prescribed under section 468 of the Code of Criminal Procedure and there is no reason why the appellant should not be entitled to it in the facts and circumstances of this case.

Surinder Mohan Vikal Vs Ascharaj Lal Chopra on 28 Feb 1978

Citations : [1978 SCC 2 403], [1978 SCR 3 434], [1978 CAR 113], [1978 CRLR SC 158], [1978 SCC CR 215], [1978 AIR SC 486], [1978 AIR SC 786], [1978 AIR SC 986], [1978 SCC CRI 215], [1978 CRLJ SC 764]

Other Sources :

https://indiankanoon.org/doc/885750/

https://www.casemine.com/judgement/in/5609abcae4b014971140d573

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision CrPC 468 - Bar to taking cognizance after lapse of the period of limitation CrPC 469 - Commencement of the period of limitation CrPC 470 - Exclusion of time in certain cases IPC 499 - Defamation IPC 500 - Punishment For Defamation Landmark Case Surinder Mohan Vikal Vs Ascharaj Lal Chopra | Leave a comment

CrPC 469 – Commencement of the period of limitation

Posted on February 16, 2020 by ShadesOfKnife

(1) The period of limitation, in relation to an offender, shall commence,—
(a) on the date of the offence; or
(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or
(c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.
(2) In computing the said period, the day from which such period is to be computed shall be excluded.

Posted in Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments | Tagged CrPC 469 - Commencement of the period of limitation | Leave a comment

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