Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | period of limitation Bar to take cognizance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | ss. 468 and 469 rlw s. 473 - Bar to take cognizance afterlapse of the period of limitation - Commencement of periodD of limitation and extension thereof - Held: For the purpose ofcomputing the period of limitation u/s 468, the relevant dateis the date of filing of the complaint or the date of institutionof prosecution and not the date on which the Magistrate takescognizance - In view of s. 469, period of limitation in relationE to an offence shall commence either from the date of offenceor from the date when the offence is detected - If thecomplaint is filed after the period of limitation, complainant canmake an application for condonation of delay u/s 473 - Courtwill have to issue notice to accused and after hearing theĀ· accused, and the complainant, decide whether to condone theF delay or not - If the complaint is filed within the period oflimitation and court takes cognizance after the period oflimitation then complainant cannot be expected to make anapplication for condonation of such delay - s.473 postulatescondonation of delay caused by the complainant in filing theG complaint - It is the date of filing of the complaint which ismaterial - ss. 468 and 469 will have to be read with s. 473 -Interpretation of statutes - Legislative intent - Limitation.Chapter XXXVI - s.468 r!w ss. 469 and 473 - Bar to take cognizance after lapse of the period of limitation - Taking of'cognizance' - Connotation of - Held: 'Cognizance' is entirelyan act of the court - Magistrate takes cognizance when heapplies his mind or takes judicial notice of an offence with aview to initiating proceedings in respect of offence which issaid to have been committed - This is the special Bconnotation acquired by the term 'cognizance' and it has tobe given the same meaning wherever it appears in ChapterXXXVI - The only harmonious construction which can beplaced on ss. 468, 469 and 470 is that Magistrate can takecognizance of an offence only if the complaint in respect of itis filed within the prescribed limitation period - He would,however, be entitled to exclude such time as is legallyexcludable - Besides, Cr.P.C. is a procedural law to beconstrued liberally to serve justice - There is no scope forapplication of doctrine of casus omissus - Interpretation of statutes - Harmonious construction - Liberal construction -Doctrine of casus omissus.Interpretation of Statutes:Purposive construction - Held: There is no ambiguity inthe provisions of Chapter XXXVI of the Cr.P.C. - But, theword 'cognizance' has not been defined in the Cr.P.C. The ruleof purposive construction can be applied in such a situation- A purposive construction of an enactment is one whichgives effect to the legislative purpose by following the literalmeaning of the enactment where that meaning is inaccordance with the legislative purpose or by applying astrained meaning where the literal meaning is not inaccordance with legislative purpose - If in a case literalinterpretation appears to be in any way in conflict with thelegislative intent or is leading to absurdity, purposiveinterpretation will ..have to be adopted - Code of CriminalProcedure, 1973 - Chapter XXXVI.Doctrine of reasonable construction - Court wouldinterpret a provision which would help sustaining the validity of Jaw by applying the doctrine of reasonable constructionrather than applying a doctrine which would make theprovision unsustainable and ultra vires the Constitution.Heading of Chapter - Held: 'Heading' or 'title' prefixed tosections or group of sections have a limited role to play inconstruction of statutes - They may be taken as very broadand general indicators or the nature of the subject matter dealtwith thereunder but they do not control the meaning ofsections if the meaning is otherwise ascertainable by readingthe section in proper perspective along with other provisions.Maxims: Relevance of legal maxims in interpreting a provision -Held: Though legal maxims are not mandatory rules, but theyseNe as guiding principles - Maxims - (i) 'nu/furn tempus autlocus occurrit regi', (ii) 'vigilantibus et non dormientibus, jurasubveniunt', (iii) 'actus curiae neminem gravabit' -Applicability of. |
Judge | Hon'ble Ms. Justice Ranjana Prakash Desai |
Neutral Citation | 2013 INSC 784 |
Petitioner | Mrs. Sarah Mathew |
Respondent | The Institute Of Cardio Vascular Diseases By Its Director - Dr. K.m. Cherian & Ors. |
SCR | [2013] 12 S.C.R. 674 |
Judgement Date | 2013-11-26 |
Case Number | 829 |
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