Legal Provisions of Section 473 of Code of Criminal Procedure, 1973 (Cr.P.C.), India.
Extension of period of limitation in certain cases:
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.
Image Source : luna.edu
ADVERTISEMENTS:
Comment:
This section enables the Court to take cognizance of an offence even after the prescribed period of limitation under Section 468 has lapsed where the Court is satisfied that the delay is properly explained or that it is necessary to do so in the interest of justice. The discretion given by Section 473 to the Court for condonation of limitation period is wide enough but it has got to be exercised judicially keeping in view the facts and circumstances of the case.
In the context of condonation of period of limitation under Section 473 and Court’s discretionary power in this regard, striking a note of caution the Andhra Pradesh High Court has held that since the law of limitation operates equally for and against a private party and also the State, it should be ensured that the provision is not allowed to be misused or circumvented to illegally help the accused person.
ADVERTISEMENTS:
The principles of natural justice demand that condonation of the delay and extension of time should be allowed only after giving a reasonable opportunity, to the accused person to contest the condonation or extension of time.
The provision of the Section 473 regarding condonation of delay is not limited in its application only to police officials, even other officials such as company Registrars, etc. can seek condonation of delay provided they have satisfactory explanation for the same.
The Supreme Court in Ramesh v. State of Tamil Nadu, allowed condonation of delay in taking cognizance of offence committed under Section 498-A (cruelty and dowry- demand) I.P.C. instead of remanding the matter to Magistrate, to avoid further delay.