All India Bar Examination (AIBE) 15-XV Previous Year Question Papers with Answers

Practice Mode:
40.

Bar to taking cognizance after lapse of the period of limitation – is dealt under

A: Section 178 of Cr. P.C.
B: Section 469 of Cr. P.C.
C: Section 478 of Cr. P.C.
D: Section 168 of Cr. P.C.

The answer is: B

Explanation

The correct option is B: Section 469 of Cr. P.C.

This section deals with the bar to taking cognizance after lapse of the period of limitation for certain offences. According to this section, no court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation. The period of limitation varies depending on the nature and severity of the offence, as follows:

- Six months, if the offence is punishable with fine only.

- One year, if the offence is punishable with imprisonment for a term not exceeding one year.

- Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

The period of limitation is determined with reference to the offence which is punishable with the more severe or the most severe punishment, in case of offences which may be tried together. The section also provides some exceptions and exclusions for the computation of the period of limitation. For example, the period of limitation does not apply to offences under the Indian Penal Code, section 376 (rape), section 376A (sexual intercourse by a person in authority), section 376B (sexual intercourse by public servant with a woman in his custody), section 376C (sexual intercourse by a superintendent of a jail, remand home, etc. with a woman in his custody), section 376D (gang rape), and section 376E (punishment for repeat offenders of rape).