Limitation Act Does Not Apply To Criminal Proceedings Unless There Are Specific Provisions To That Effect: Chhattisgarh High Court
[01 February 2022] The Chhattisgarh High Court held that the Limitation Act, 1963, does not apply to criminal proceedings unless express and specific provisions to that effect are contained in the statute.
Justice Gautam Chourdiya held that there is no specific bar that if complaint of electricity theft is filed after twenty four hour of disconnection of electricity, cognizance of the offence under Section 135 of the Electricity Act cannot be taken.
The order stated, “The general rule of criminal justice is that “a crime never dies”. The principle is reflected in the well-known maxim nullum tempus aut locus occurrit regi (lapse of time is no bar to Crown in proceeding against offenders). The Limitation Act, 1963 does not apply to criminal proceedings unless there are express and specific provisions to that effect, for instance. Article 114, 115, 131 and 132 of the Act.”