S
Sahaj Vidhi
Rajasthan Judicial pre 2018

An FIR in relation to the offence under Section 406 IPC is lodged on 1.1.2010. The Police conducts investigation and submits a negative Final Report in the Court concerned on 2.2.2012. The Court takes cognizance of the above offence on 3.3.2013. In these circumstances, which of the following is correct:

Verified Answer
A. The proceedings are barred by limitation
B. The proceedings are not barred by limitation as the offence under Section 406 IPC is a continuing offence
C. The proceedings are not barred by limitation as the FIR was lodged promptly
D. None of the above

Explanation:

Section 406 IPC (Criminal Breach of Trust) is punishable with imprisonment up to three years. As per Section 468(2)(c) of the Cr.P.C., the period of limitation for taking cognizance of such an offence is three years. The FIR was lodged on 1.1.2010, and cognizance was taken on 3.3.2013, which is more than three years from the date of lodging the FIR (assuming the offence date is around the FIR date or earlier). Therefore, the proceedings are barred by limitation.