Bar to Take Cognizance after Lapse of the Period of Limitation
Bar to Take Cognizance
Section 514 & 519 of BNSS, 2023 speaks about the Bar to take Cognizance after lapse of the period of limitation. This sections deal with this aspect of procedure.
Where complaint was filed after 8 years, the Court held the same to be barred by limitation. the Court held that cognizance of an offence under sections 403, 406 IPC for criminal breach of trust cannot be taken as the offence is not continuing offense.
Case Reference : Sesa Goa Ltd. versus State of Maharashtra, 2009 (4) AIR Bom R18.
Restriction on Cognizance
The apex court had held that section 473 of Cr.PC (now 519 BNSS) provides that any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied that the delay has been properly explained or it is necessary to do so in the interest of justice.
Case Reference : Srinivas Pal vs Union Territory of Arunachal Pradesh, AIR 1988 SC 172