Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
The first limb confers power on every competent
court to take cognizance of an offence after 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 and the second limb empowers
such a court to take cognizance of an offence if it is
satisfied on the facts and in the circumstances of the
case that it is necessary so to do in the interests of
justice. It is true that the expression in the interest of
justice in Section 473 cannot be interpreted to mean
in the interest of prosecution. What the court has to
see is interest of justice. The interest of justice
demands that the court should protect the oppressed
and punish the oppressor/offender. In complaints
under Section 498-A the wife will invariably be
oppressed, having been subjected to cruelty by the
husband and the in-laws. It is, therefore, appropriate
for the courts, in case of delayed complaints, to
construe liberally Section 473 Cr.P.C. in favour of a
wife who is subjected to cruelty if on the facts and in
the circumstances of the case it is necessary so to do
in the interests of justice. When the conduct of the
accused is such that applying the rule of limitation
will give an unfair advantage to him or result in
miscarriage of justice, the court may take cognizance
of an offence after the expiry of the period of
limitation in the interests of justice. This is only
illustrative, not exhaustive.
In State of H.P. v. Tara Dutt [2000 (1) SCC 230] a three Judges
Bench of this Court considered whether there can be a presumption
of condonation of delay under Section 473 Cr.P.C. and observed :