Step 1
Enter your contact details.
AIR 2007 SUPREME COURT 2762
::2007 AIR SCW 4998
Supreme Court Of India
(From : ORISSA)*
Hon'ble Judge(s):
C. K. Thakker,
Tarun Chatterjee
, JJ
(A) Criminal P.C. (2 of 1974) , S.468— @page-SC2763Bar of limitation - Delay in prosecution - Effect - Mere delay in approaching Court of Law - Not a ground for dismissing case though it may be relevant circumstance in final verdict. The general rule of criminal justice is that "a crime never dies". The principle is reflected in the well-known maxim nullum tempus aut locus occurrit regi (lapse of time is no bar to Crown in proceeding against offenders). The Limitation Act, 1963 does not apply to criminal proceedings unless there are express and specific provisions to that effect, for instance, Articles 114, 115, 131 and 132 of the Act. A criminal offence is considered as a wrong against the State and the Society even though it has been committed against an individual. Normally, in serious offences, prosecution is launched by the State and a Court of Law has no power to throw away prosecution solely on the ground of delay. Mere delay in approaching a Court of Law would not by itself afford a ground for dismissing the case though it may be a relevant circumstance in reaching a final verdict.AIR 1970 SC 962, Followed.(Para 14) Mere delay may not bar the right of the 'Crown' in prosecuting 'criminals'. But it also cannot be overlooked that no person can be kept under continuous apprehension that he can be prosecuted at 'any time' f....
Buy and Download By Entering Following Details (Worth /-)
Step 2
Enter your payment details
J
