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TMI Blog2020 (5) TMI 692X X X X Extracts X X X X X X X X Extracts X X X X ..... le and cannot be breached. However, Section 5 of the Limitation Act provides for extension of prescribed period in certain cases. If Section 5 of the Limitation Act is not excluded either expressly or by implication, the power to condone delay in filing the appeal or application can always be invoked. The special laws also contain special periods of limitation with or without power to condone delay - The expiry of the period results in accrual of right in favour of the accused. Even though this time limit is referred to as period of limitation, technically it is not. It is only Chapter XXXVI of Cr.Pc that deals with limitation for taking cognizance of certain offences. Even Section 167 (5) of Cr.Pc has been interpreted to mean that the magistrate shall only make a direction for stopping further investigation in a summons case if it is not concluded within the period of six months and the said period has not been extended and it does not bar the magistrate from taking cognizance based on the final report filed thereafter. Hence, Section 167 of Cr.PC cannot be construed as containing the period of limitation for filing of final reports. Personal liberty is too precious a fundament ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th rigorous imprisonment for a term which may extend to ten years. If the case on hand is brought under the robbery simpliciter category, the petitioner can seek default bail on the expiry of the 60th day from the date of remand. If the petitioner's case is catergorized under the aggravated type, then it will be on the expiry of 90 days. The petitioner's arrest and remand was on 19th January, 2020. The 60th day will fall on 19th March, 2020. The 90th day will fall on April 18th 2020. Shri.A.Robinson with his customary fairness submitted that the final report has not been made ready till date. But, he wanted to take advantage of the special direction passed by the Hon'ble Supreme Court on 23.03.2020 in Suo Motu Writ Petition (Civil) No.3 of 2020 by which the period of limitation prescribed under various laws stood extended until further orders. The sweep and reach of the order passed by the Hon'ble Supreme Court is with effect from 15th March, 2020. Even if the petitioner's case comes under the lesser category, his right to default bail will accrue only on 20th March. In view of the intervention by the Hon'ble Supreme Court, the failure of the prosecution to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of subinspector, shall forthwith transmit to the nearest Judicial Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the same time forward the Accused to such Magistrate. (2) The Magistrate to whom an Accused person is forwarded under this Section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the Accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole; and if he has no jurisdiction to try the case or commit it for trial, and considers further detention unnecessary, he may order the Accused to be forwarded to a Magistrate having such jurisdiction: Provided that (a) the Magistrate may authorise the detention of the Accused person, otherwise than in the custody of the police, beyond the period of fifteen days, if he is satisfied that adequate grounds exist for doing so, but no Magistrate shall authorise the detention of the Accused person in custody under this paragraph for a total period exceeding,--(i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or impriso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oned that police investigations would also be covered by the said order. 9.What has been extended is the period of limitation prescribed under the general law of limitation or under special laws. Section 2(j) of the Limitation Act reads as follows : period of limitation means the period of limitation prescribed for any suit, appeal or application by the Schedule, and prescribed period means the period of limitation computed in accordance with the provisions of this Act. Black's Law Dictionary defines limitation as 1. The act of limiting; the quality, state, or condition of being limited. 2. A restriction. 3. A statutory period after which a lawsuit or prosecution cannot be brought in the court. P.Ramanatha Aiyar's Advanced Law Lexicon gives the following meaning : In its ordinary sense, restriction or circumspection; in its ordinary legal and popular sense, the word refers to the time within which an action may be brought, or some act done, to preserve a right. Period beyond which legal proceedings cannot be brought; the period usually commences when the cause of action arises. The term Limitation has been defined to mean the time which is prescr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion 29 (A) of the Arbitration and Conciliation Act, 1996 and initiation of proceedings under Section 138 of the Negotiable Instruments Act, 1881 in I.A No.48411/2020. The said order reads as follows : In view of this Court s earlier order dated 23.03.2020 passed in Suo Motu Writ Petition (Civil) No.3/2020 and taking into consideration the effect of the Corona Virus (COVID 19) and resultant difficulties being faced by the lawyers and litigants and with a view to obviate such difficulties and to ensure that lawyers/litigants do not have to come physically to file such proceedings in respective Courts/Tribunal across the country including this Court, it is hereby ordered that all periods of limitation prescribed under the Arbitration and Conciliation Act, 1996 and under section 138 of the Negotiable Instruments Act 1881 shall be extended with effect from 15.03.2020 till further orders to be passed by this Court in the present proceedings. In case the limitation has expired after 15.03.2020 then the period from 15.03.2020 till the date on which the lockdown is lifted in the jurisdictional area where the dispute lies or where the cause of action arises shall be extended for a pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his valuable rights. But, if I accept the plea of the respondent police, the direction of the Hon'ble Supreme Court which is intended to save and preserve rights would result in taking away the valuable right that had accrued to the accused herein. 15.Of course, the construction placed by me will have no application whatsoever in the case of certain offences under certain special laws, such as Unlawful Activities (Prevention) Act, 1967 and NDPS Act, 1985. For instance Section 36-A (4) of the NDPS Act enables the investigation officer to apply to the special court for extending the period mentioned in the statute from 180 days to 1 year if it is not possible to complete the investigation. Thus, under certain statutes, the prosecution has a right to apply for extension of time. In those cases, the benefit of the direction of the Hon'ble Supreme Court made 23.03.2020 in Suo Motu Writ Petition (Civil) No.3 of 2020 will apply. But, in respect of the other offences for which Section 167 of Cr.Pc is applicable, the benefit of the said direction cannot be availed. Result : 16.In view of the reasons set out above, I conclude that the petitioner is entitled to default ..... X X X X Extracts X X X X X X X X Extracts X X X X
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