Limitation For Taking Cognizance Of Certain Offences MCQ Quiz - Objective Question with Answer for Limitation For Taking Cognizance Of Certain Offences - Download Free PDF

The correct answer Six month 

Key Points

• Section 468 of the Code of Criminal Procedure, 1973 provides a bar on taking cognizance of certain offences after the expiry of a specified period of limitation.
• Unless otherwise provided elsewhere in the Code, no court shall take cognizance of an offence after the lapse of the limitation period as laid down in sub-section (2).
• The limitation period depends on the severity of the punishment prescribed for the offence. If the offence is punishable with fine only, the limitation period is six months.
• If it is punishable with imprisonment for a term not exceeding one year, the period is one year.
• For offences punishable with imprisonment exceeding one year but not more than three years, the limitation is three years.
• Furthermore, where multiple offences are tried together, the limitation period is determined with reference to the offence which is punishable with the most severe punishment.

The correct answer is 'one year.'

Key Points

• Section 468 of the Code of Criminal Procedure (Cr.P.C.):
  • This section deals with the period of limitation for taking cognizance of certain offences.
  • It specifies the time limits within which a complaint must be filed for different categories of offences, based on the severity of the punishment.
• Limitation Period for Offences:
  • If the offence is punishable with imprisonment for a term not exceeding one year, the period of limitation is one year.
  • This means that a complaint regarding such an offence must be filed within one year from the date of the offence.

Additional Information

• Two years:
  • This period of limitation applies to offences punishable with imprisonment for a term exceeding one year but not exceeding three years.
  • It is not applicable to offences with a punishment of one year or less.
• Three years:
  • This is the limitation period for offences punishable with imprisonment for a term exceeding three years.
  • It does not apply to offences with a term of punishment not exceeding one year.
• Six months:
  • This is not a specified period under Section 468 Cr.P.C. for any category of offences.
  • It is therefore incorrect in the context of this section.

The correct answer is Option 2.

Key Points

• Section 468 of the Code of Criminal Procedure (CrPC) deals with the bar to taking cognizance after the lapse of the period of limitation for certain offenses.
• Cognizance after the Period of Limitation:
  • According to sub-section (1) of Section 468, no court shall take cognizance of an offense after the expiry of the period of limitation, except as provided elsewhere in the CrPC.
• Period of Limitation:
  • Sub-section (2) of Section 468 specifies the period of limitation for different categories of offenses:
    • (a) Six months: If the offense is punishable with a fine only.
    • (b) One year: If the offense is punishable with imprisonment for a term not exceeding one year.
    • (c) Three years: If the offense is punishable with imprisonment for a term exceeding one year but not exceeding three years.
• Determination of Period of Limitation for Offenses Tried Together:
  • Sub-section (3) states that for the purposes of determining the period of limitation for offenses that may be tried together, it should be done with reference to the offense which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

The correct answer is Section 472

Key PointsSection 472 of the Code of Criminal Procedure 1973 deals with Continuing Offences.

It states that : In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.
 

Additional Information

• When an offence is deemed to be a continuing offense, it means that the unlawful act persists over a period of time, rather than being a one-time occurrence. Section 472 recognizes that certain offenses, such as public nuisances, environmental violations, or offenses involving ongoing harm, may extend beyond a single act and continue to affect individuals or society.
• Under this provision, the law allows for the prosecution and punishment of such offences for as long as they continue. In other words, even if the initial act occurred in the past, if the offence continues to have an impact or is ongoing at the time of investigation or trial, the perpetrator can still be held accountable.
• Section 472 ensures that the legal system can effectively address offences that have a lasting or persistent impact, thereby promoting public welfare and the enforcement of law and order. It recognises the need to prevent and remedy ongoing harm caused by certain types of offences, thereby upholding the principles of justice and accountability.

The correct answer is Three Years 

Key Points Section 468 Cr.P.C sets forth the limitations on the time within which a court can initiate proceedings for certain offences, except where the Code specifies otherwise. It outlines that the court is prohibited from acknowledging an offence mentioned in Sub-Section (2) once the designated period has elapsed. The durations of these limitation periods are as follows:

• Six months for offences that only carry a fine as a punishment.
• One year for offences where the maximum imprisonment does not exceed one year.
• Three years for offences that involve an imprisonment term of more than one year but less than or equal to three years.

The correct answer is Three Years 

Key Points Section 468 Cr.P.C sets forth the limitations on the time within which a court can initiate proceedings for certain offences, except where the Code specifies otherwise. It outlines that the court is prohibited from acknowledging an offence mentioned in Sub-Section (2) once the designated period has elapsed. The durations of these limitation periods are as follows:

• Six months for offences that only carry a fine as a punishment.
• One year for offences where the maximum imprisonment does not exceed one year.
• Three years for offences that involve an imprisonment term of more than one year but less than or equal to three years.

The correct answer is option 1.Key Points

• Section 468 deals with bar to taking cognizance after lapse of the period of limitation.
• It states except as otherwise provided elsewhere in this Code, no Court shall take cognizance of an offence of the category specified in sub-section after the expiry of the period of limitation.
• The period of limitation shall be:
  • 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.
• For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

The correct answer is Three Years 

Key Points Section 468 Cr.P.C sets forth the limitations on the time within which a court can initiate proceedings for certain offences, except where the Code specifies otherwise. It outlines that the court is prohibited from acknowledging an offence mentioned in Sub-Section (2) once the designated period has elapsed. The durations of these limitation periods are as follows:

• Six months for offences that only carry a fine as a punishment.
• One year for offences where the maximum imprisonment does not exceed one year.
• Three years for offences that involve an imprisonment term of more than one year but less than or equal to three years.

The correct answer is option 4.Key Points

• Section 469 Under chapter 36 of Cr.P.C. 1973 deals with the commencement of the period of limitation.
• The period of limitation, in relation to an offender, shall commence,—
  • On the date of the offence; or
  • Where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or
  • Where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.
• In computing the said period, the day from which such period is to be computed shall be excluded.

The correct answer is cognizance of offence by the court 

Key Points

• Section 468 of the Code of Criminal Procedure, 1973 prescribes the limitation period for taking cognizance of an offence by the court.
• According to this section, no court shall take cognizance of any offence except when a complaint is made within the prescribed period of limitation starting from the date of the offence or when the offence comes to the knowledge of the complainant.
• This limitation is related specifically to the cognizance stage, not investigation, trial, or inquiry.

Additional Information

• Completion of investigation: Incorrect; limitation is not tied to investigation completion.
• Completion of trial: Incorrect; limitation applies before trial starts.
• Completion of inquiry: Incorrect; inquiry is different and limitation is not related to it.

The correct answer Six month 

Key Points

• Section 468 of the Code of Criminal Procedure, 1973 provides a bar on taking cognizance of certain offences after the expiry of a specified period of limitation.
• Unless otherwise provided elsewhere in the Code, no court shall take cognizance of an offence after the lapse of the limitation period as laid down in sub-section (2).
• The limitation period depends on the severity of the punishment prescribed for the offence. If the offence is punishable with fine only, the limitation period is six months.
• If it is punishable with imprisonment for a term not exceeding one year, the period is one year.
• For offences punishable with imprisonment exceeding one year but not more than three years, the limitation is three years.
• Furthermore, where multiple offences are tried together, the limitation period is determined with reference to the offence which is punishable with the most severe punishment.

The correct answer is 'one year.'

Key Points

• Section 468 of the Code of Criminal Procedure (Cr.P.C.):
  • This section deals with the period of limitation for taking cognizance of certain offences.
  • It specifies the time limits within which a complaint must be filed for different categories of offences, based on the severity of the punishment.
• Limitation Period for Offences:
  • If the offence is punishable with imprisonment for a term not exceeding one year, the period of limitation is one year.
  • This means that a complaint regarding such an offence must be filed within one year from the date of the offence.

Additional Information

• Two years:
  • This period of limitation applies to offences punishable with imprisonment for a term exceeding one year but not exceeding three years.
  • It is not applicable to offences with a punishment of one year or less.
• Three years:
  • This is the limitation period for offences punishable with imprisonment for a term exceeding three years.
  • It does not apply to offences with a term of punishment not exceeding one year.
• Six months:
  • This is not a specified period under Section 468 Cr.P.C. for any category of offences.
  • It is therefore incorrect in the context of this section.

The correct answer is Six months

Key Points

• Section 468(2)(a) of CrPC governs the limitation period for taking cognizance of offences.
• For offences punishable with imprisonment not exceeding one year, the limitation period is 6 months from the date of the offence.
• The court cannot take cognizance of such offences after this 6-month period has expired, unless extended under special circumstances (Section 473 CrPC).
• This provision ensures timely prosecution and prevents stale cases from burdening the criminal justice system.
• The limitation begins from the date of offence or from the date of knowledge of the offence, whichever is later (as per Section 469 CrPC).
• So, 6 months is the correct limitation period bar for offences punishable with up to one year of imprisonment.

Additional Information

• Option 2. One year – Incorrect because one year is the limitation period for offences punishable with imprisonment exceeding one year but not exceeding three years (Section 468(2)(b) CrPC).
• Option 3. Two years – Incorrect because there is no specific bar of two years under Section 468; this does not correspond to any category of offence under the CrPC limitation scheme.
• Option 4. Three years – Incorrect because three years is the maximum limitation period for offences punishable with imprisonment exceeding three years, not applicable for offences punishable with imprisonment not exceeding one year.

The correct answer is Option 2.

Key Points

• Section 468 of the Code of Criminal Procedure (CrPC) deals with the bar to taking cognizance after the lapse of the period of limitation for certain offenses.
• Cognizance after the Period of Limitation:
  • According to sub-section (1) of Section 468, no court shall take cognizance of an offense after the expiry of the period of limitation, except as provided elsewhere in the CrPC.
• Period of Limitation:
  • Sub-section (2) of Section 468 specifies the period of limitation for different categories of offenses:
    • (a) Six months: If the offense is punishable with a fine only.
    • (b) One year: If the offense is punishable with imprisonment for a term not exceeding one year.
    • (c) Three years: If the offense is punishable with imprisonment for a term exceeding one year but not exceeding three years.
• Determination of Period of Limitation for Offenses Tried Together:
  • Sub-section (3) states that for the purposes of determining the period of limitation for offenses that may be tried together, it should be done with reference to the offense which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

The correct answer is Section 472

Key PointsSection 472 of the Code of Criminal Procedure 1973 deals with Continuing Offences.

It states that : In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.
 

Additional Information

• When an offence is deemed to be a continuing offense, it means that the unlawful act persists over a period of time, rather than being a one-time occurrence. Section 472 recognizes that certain offenses, such as public nuisances, environmental violations, or offenses involving ongoing harm, may extend beyond a single act and continue to affect individuals or society.
• Under this provision, the law allows for the prosecution and punishment of such offences for as long as they continue. In other words, even if the initial act occurred in the past, if the offence continues to have an impact or is ongoing at the time of investigation or trial, the perpetrator can still be held accountable.
• Section 472 ensures that the legal system can effectively address offences that have a lasting or persistent impact, thereby promoting public welfare and the enforcement of law and order. It recognises the need to prevent and remedy ongoing harm caused by certain types of offences, thereby upholding the principles of justice and accountability.