Section 468 of CrPC : Section 468: Bar to taking cognizance after lapse of the period of limitation.

Explanation using Example

Example 1:

Scenario: Rajesh was caught by the traffic police for driving without a valid license on January 1, 2020. The offence is punishable with a fine only.

Application of Section 468:

• According to Section 468(2)(a), the period of limitation for an offence punishable with fine only is six months.
• Therefore, the court cannot take cognizance of this offence after June 30, 2020.
• If the police file a charge sheet against Rajesh on July 1, 2020, the court will not take cognizance of the offence because the period of limitation has expired.

Example 2:

Scenario: Priya was accused of committing a minor theft on February 1, 2019. The offence is punishable with imprisonment for a term not exceeding one year.

Application of Section 468:

• According to Section 468(2)(b), the period of limitation for an offence punishable with imprisonment for a term not exceeding one year is one year.
• Therefore, the court cannot take cognizance of this offence after January 31, 2020.
• If the police file a charge sheet against Priya on February 2, 2020, the court will not take cognizance of the offence because the period of limitation has expired.

Example 3:

Scenario: Sunil was accused of causing grievous hurt to his neighbor on March 1, 2018. The offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

Application of Section 468:

• According to Section 468(2)(c), the period of limitation for an offence punishable with imprisonment for a term exceeding one year but not exceeding three years is three years.
• Therefore, the court cannot take cognizance of this offence after February 28, 2021.
• If the police file a charge sheet against Sunil on March 2, 2021, the court will not take cognizance of the offence because the period of limitation has expired.

Example 4:

Scenario: Anil and Ramesh were involved in a fight on April 1, 2017, where Anil caused minor injuries to Ramesh (punishable with imprisonment for a term not exceeding one year) and Ramesh caused grievous injuries to Anil (punishable with imprisonment for a term exceeding one year but not exceeding three years).

Application of Section 468:

• According to Section 468(3), for offences that may be tried together, the period of limitation is determined with reference to the offence with the more severe punishment.
• In this case, the more severe punishment is for the grievous injuries caused by Ramesh, which has a limitation period of three years.
• Therefore, the court can take cognizance of both offences until March 31, 2020.
• If the police file a charge sheet against both Anil and Ramesh on April 1, 2020, the court will not take cognizance of the offences because the period of limitation has expired.