Orissa High Court
Chhatar Singh And Ors. vs Subash Chandra Panda on 30 September, 1994
Equivalent citations: 1994(II)OLR639
Author: A. Pasayat
Bench: A. Pasayat
JUDGMENT A. Pasayat, J.
1. A question of seminal importance revolving round interpretation of the expression "two months" as appearing in Sub-section (4); of Section 144 of the Code of Criminal Procedure, 1973 (in short, 'Cr PC') falls for adjudication in this case. According to the petitioners, the expression means sixty days; while the opposite party emphasised that it means two calendar months and not sixty days. The latter's stand having been accepted by the courts below the present, application has been filed.
2. The dispute has arisen in the following background. An order was passed by the Executive Magistrate, Bargarh in Criminal Misc. Case No. 262 of 1992 on 23-7-1992 exercising power under Section 144, Cr PC. On 22-9-1992 it was felt by him that circumstances warranted resort to action under Section 145, Cr PC, and accordingly order was passed. Petitioners' stand is that after expiry of sixty days, such an order could not have been passed.
3. The expression of the word 'month' has not been defined in the Cr PC. Therefore, the problem has surfaced. Clause (35) of Section 3 of the General Clauses Act. 1897 defines 'month' to mean a month reckoned according to the British Calendar. Section 49 of the Indian Penal Code, 1860 (in short, 'IPC')also throws some light on the controversy. It reads as follows :
"49. Wherever the word 'year' or the word 'month' is used, it is to be understood that the year or the month is to be reckoned according to the British calendar."
It is of paramount importance to take note of Clause(v) of Section 2, Cr PC. It has been specifically prescribed that words and expressions used in the Cr PC and not defined but defined in the IPC have the meanings respectively assigned to them in IPC. The expression 'month' in different statutes does not necessarily mean 'thirty days', but goes according to the Gregorian calendar unless the context otherwise requires. The definition given in the General Clauses Act, 1897 applies to all Central Acts passed after the commencement of the General Clauses Act. The word 'month' in its ordinary acceptance means a 'calendar month' and not a lunar month. In Iyer's Law Lexicon it has been stated that the term 'month' whether employed in modern statutes or contracts and not appearing to have been used in a different sense, denotes a period terminating with the day of the succeeding month numerically corresponding to the day of its beginning less one. It there be no corresponding day of the succeeding month, it terminates with the last day thereof. According to Oxford Dictionary, 'month' is a "A space of time reckoned from any moment, and either extending to the corresponding day of the next calendar 'month' (in which case space of time is called a 'calendar month') or containing 28 days (often miscalled a lunar month). It is of relevance, to note that the legislature in the Cr PC itself has indicated both days and months in different provisions. For example, in proviso to Sub-section (2) of Section 394 'thirty days' has been prescribed. That relates to abatement of appeals. But in the matter of filing of appeals also a distiction has been made between months and particular number of days. Sub-section (5) of Section 378 is illustrative. While it prescribes period of "six months" for grant of special leave in case the complainant is a public servant", "sixty days'' is provided for other cases. Had the legislature 'intended to equate two months as sixty days, there was no necessity for using different expressions in different places, i. e. two months in Section 144 and sixty days in Sub-section (5) of Section 378. This is clearly indicative of the legislative intention that whenever number of days was intended to be used, that has been specifically done. Additionally, Section 49, IPC leaves no manner of doubt about the legislative intent. The term "month" as defined therein is in the same terms as defined in the General Clauses Act. The British Calendar is same since 2nd September, 1752, as the Gergorian Calendar. Section 24 of the Indian Limitation Act, 1963 also provides likewise. New Webster's Dictionary defines the word "month" as follows :
"month, munth n. (O.E minath=C mounth=icel=Goth menothi', month). The period called a 'lunar month of a complete revolution of the moon with regard to some point, usu. The interval from one new moon to the next, called a 'synodical month' and equivalent to 29 days, 12 hours, 44 minutes and 2.7 seconds; the 12th part of a solar year called a 'solar month' any one of the 12 parts, as January, February and so on, into which the calendar year is divided called a 'calendar month'; the time from any day of the calendar month to the corresponding day of the next; a period of four weeks or thirty days."
Learned Additional Sessions Judge was, therefore, justified in his conclusion that the expression 'two months' occurring in Sub-section (4) of Section 144 does not mean sixty days. It needs to be pointed out that these aspects were not directly under consideration in Hadu Khan and six Ors. v. Mahadav Das and three Ors., 34 (1968) CLT 537, and Nrusingha Charan Panda and two Ors. v. State of Orissa and Anr., 59(1985) CLT 70. In those cases the expression 'sixty days' has been used with reference to Sub-section (4) of section 144, Cr PC. Since those decisions were not directly concerned with the question now raised for adjudication, it cannot be said that those cases decided that the expression 'two months' means sixty days.
4. Validity of the order dated 22-9-1992 on other grounds was assiled. Since that was not subject-matter of adjudication by learned Additional Sessions Judge, I have not considered those pleas. Learned counsel for the parties agree that an early disposal of the proceeding would be in the interest of all concerned. The Executive Magistrate would do well to dispose of the proceeding as expeditiously as practicable, preferably before 1995 sets in.
The application is accordingly disposed of.