A.
Dear Client,
Section 469(1)(b) in the Code of Criminal Procedure (Cr.PC) deals with the counting of the limitation period for starting criminal offenses, specifying that if the commission of offenses or the offender's identity isn't known, the limitation starts from the first day of such offense or offender's identity comes to the knowledge of the aggrieved person/complainant or any police officer, whichever is earlier. Let the subject be understood from a few courts decisions clarifying the application of Section 469(1)(b) Cr. PC. (1) In the case of R. Aghoramurthy, Registrar of Companies –Vs- Bombay Dyeing and Manufacturing Co. Ltd, 1991- JT-S-432, decided on the 7th March, 1991 was a prosecution for offences under Section 205 of the Companies Act, 1956. The principal question there was the date of knowledge of the offence of the complainant under Section 469(1)(b) of the Code. The Supreme Court held that limitation is to be counted from the date of knowledge of the complainant that is when the notice was issued specially when the complaint did not approach the Court under Section 473 Cr. PC. (2) Further, in the case of State of Rajasthan –Vs- Sanjay Kumar and others, AIR 1998 S.C. 1919, decided on 1st May 1998 answers the question as to when does the period of limitation commence in a prosecution under the Drugs and Cosmetics Act 1940. It was again held by the Supreme Court that the period of limitation commences not on the date when the sample was taken but commences only on the date of receipt of the Govt. analyst’s Report within Section 469(1) (b) of the Code. (3) Again, in the case of Registrar of Companies –Vs- Rajashree Sugar & Chemicals Ltd and others, AIR 2000 S.C. 1643 decided on the 11th May 2000, the Hon’ble Supreme Court held that the Registrar of Companies is a person aggrieved and competent to maintain the prosecution counting the period of limitation from the date of knowledge within Section 469(1)(b) of the Code(Cr. PC). Given the averments of the Apex Court clarifying the counting of limitation period under Section 469(1)(b) Cr. PC, hope the matter stands understood.
Posted On 05-Dec-2025
Share on
×