G D LYER Vs. STATE

JUDGEMENT

(1.) For the first time in India the Code of Criminal Procedure, 1973 introduced the law of limitation in criminal cases. Chapter XXXVI is a newly introduced chapter containing brand-new sections 467 to 473. These sections prescribe periods of limitation for launching a criminal prosecution in, certain cases. Under the repealed Code of 1898, no period of limitation was prescribed or launching a criminal prosecution and the court could not throw out a private complaint or a police report solely on the ground of delay, though delay might be a good ground for doubting the prosecution story. This was consistent with the original theory of criminal justice. In a civil case a party can always compromise or get rid of his liability with the assent of the injured party. But crimes are offences against the State. All proceedings are in theory instituted on behalf of the Crown or the State. The law of limitation did not apply to criminal proceedings unless it was made applicable to them by express provisions. Now the Parliament has done so in the hope that the period of limitation would put pressure on the organs of criminal prosecution to make every effort to ensure the detection and punishment of the crime quickly. (See the Report of the Joint Committee).

(2.) So now an accused relying on the new sections in the new Code of 1973 can plead the bar of limitation. Section 468 says that :

(3.) In the present petition under Articles 226 and 227 of the Constitution of India and sections 401 and 483 of the Code of Criminal Procedure 1973 (the Code) the accused, persons have raised an objection that the criminal case against them is barred by limitation. This objection was raised in the first instance before the special judge trying the criminal case. The special judge rejected the plea of limitation. The accused now seek a reversal of his order dated April 12, 1977 in criminal case No. 21 of 1976.