M/S Cheminova India Limited And Others v. State Of Punjab And Others

   
   
 

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) . /now Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS')0 1 



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"The offence under Section 29 of the Act is punishable with 02 years of imprisonment, therefore, as per Section 468(2)(c) of Cr.P.C., the period of limitation for taking cognizance of the same would be three years. No doubt, the Court has the power to extend the period of limitation in certain cases under Section 473 Cr.P.C.

 and an application to that effect was also filed by the complainant in the present case, but the learned trial Court has erred by passing the impugned summoning order without deciding on the question of delay since the complaint was filed after the expiry of the limitation period. This Court in
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"Section 468 of Cr.PC prohibits taking cognizance of an offence after the lapse of period of limitation. As per subsection (2)(c) thereof, the period of limitation is three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. Section 469 of Cr.PC deals with the 'commencement of the period of limitation'. As per the said provision, the period of limitation, in relation to an offender, shall commence on the date of offence or where the commission of the offence was not Crl.A.@S.L.P.(Crl.)No.4102 of 2020 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." +   

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