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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Section 9 of the Child Marriage Restraint Act, 1929
  • Section 4(2) of the Code of Criminal Procedure
  • Chapter XXXVI of the Code of Criminal Procedure
  • Section 468(2)(c) of the Code of Criminal Procedure, 1973
  • Section 9 of the Act, Child Marriage Restraint Act, 1929
  • Constitution Bench decision in A.R Antulay v. Ramdas Sriniwas Nayak (1984) 2 SCC 500
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition
Advocates
Judges
Acts
  • Section 9 of the Child Marriage Restraint Act, 1929
  • Section 4(2) of the Code of Criminal Procedure
  • Chapter XXXVI of the Code of Criminal Procedure
  • Section 468(2)(c) of the Code of Criminal Procedure, 1973
  • Section 9 of the Act, Child Marriage Restraint Act, 1929
  • Constitution Bench decision in A.R Antulay v. Ramdas Sriniwas Nayak (1984) 2 SCC 500
Smart Summary

Factual and Procedural Background

The appellant challenged the order passed by the High Court in Criminal OP No. 12001 of 1997, wherein the High Court held that the criminal proceeding against the respondents was barred by limitation under Section 468(2)(c) of the Code of Criminal Procedure, 1973. The High Court’s view was that, although the complaint had been filed within the statutory period, the Magistrate issued summons more than three years after the date of the alleged occurrence, rendering the proceeding time-barred. The present order of the Supreme Court arises from the appellant’s appeal against that High Court decision.

Legal Issues Presented

  1. Whether, for the purpose of computing limitation under Chapter XXXVI of the Code of Criminal Procedure, the relevant date is the filing of the complaint or the date on which the Magistrate takes cognizance/ issues process.
  2. Whether the two-Judge Bench decisions in Bharat Damodar Kale v. State of A.P., (2003) 8 SCC 559, and Japani Sahoo v. Chandra Sekhar Mohanty, (2007) 7 SCC 394, conflict with the earlier three-Judge Bench decision in Krishna Pillai v. T.A. Rajendran, 1990 Supp SCC 121, thereby necessitating reference to a larger bench.

Arguments of the Parties

Appellant's Arguments

  • The High Court erred in treating the proceeding as time-barred merely because summons were issued after three years; the complaint itself was filed within the prescribed limitation period.
  • Relies on the two-Judge Bench ruling in Bharat Damodar Kale (2003) 8 SCC 559, which held that limitation is to be computed with reference to the date of filing of the complaint, not the date of cognizance or issuance of process.
  • Cites Japani Sahoo (2007) 7 SCC 394, which reiterated that position in paragraph 52.

Respondent 1's Arguments

  • Contends that the above two decisions overlooked the three-Judge Bench decision in Krishna Pillai, 1990 Supp SCC 121.
  • Submits that Krishna Pillai, though arising under the Child Marriage Restraint Act, 1929, addressed an identical limitation question and held that cognizance taken beyond the statutory period is barred.
  • Invokes Section 4(2) of the Code of Criminal Procedure to argue that Chapter XXXVI (Sections 469, 473, etc.) applies equally to proceedings under the Child Marriage Restraint Act, thereby bringing the limitation principle of Krishna Pillai squarely into play.
  • Asserts that the later two-Judge Bench rulings are in direct conflict with the binding three-Judge Bench precedent.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Bharat Damodar Kale v. State of A.P., (2003) 8 SCC 559 The period of limitation is to be reckoned from the date of filing of the complaint; cognizance may be taken thereafter, if the complaint was filed within time. Cited by the appellant to show the High Court erred in treating the proceeding as time-barred.
Japani Sahoo v. Chandra Sekhar Mohanty, (2007) 7 SCC 394 Reiterated that the relevant date for limitation purposes is the filing of the complaint, not the date of cognizance (para 52). Relied upon by the appellant to reinforce the position in Bharat Damodar Kale.
Krishna Pillai v. T.A. Rajendran, 1990 Supp SCC 121 Held that cognizance taken beyond the statutory period is barred; filing a complaint is distinct from taking cognizance. Invoked by Respondent 1 to demonstrate a conflicting three-Judge Bench authority.
A.R. Antulay v. Ramdas Sriniwas Nayak, (1984) 2 SCC 500 Clarified the distinction between filing a complaint and the court taking cognizance. Quoted in Krishna Pillai and forms part of the reasoning relied upon by Respondent 1.

Court's Reasoning and Analysis

The Supreme Court observed that the two-Judge Bench decisions in Bharat Damodar Kale and Japani Sahoo adopt the view that the filing of the complaint is the operative date for computation of limitation. However, an earlier three-Judge Bench in Krishna Pillai held that cognizance taken after the limitation period is barred, thereby treating the date of cognizance as decisive. Because the latter two rulings did not consider the earlier larger-bench authority, the Court found an apparent conflict. Recognising the hierarchy of precedents and the need for doctrinal clarity, the Court concluded that an authoritative pronouncement from a larger bench is necessary.

Holding and Implications

REFERRED TO A THREE-JUDGE BENCH

The appeal has not been finally decided on merits; instead, the matter is to be placed before a three-Judge Bench for an authoritative resolution of the limitation issue. The immediate effect is that no conclusive determination is made regarding the validity of the High Court’s order. Broader implications, if any, will arise only after the larger bench renders its decision.

    Sarah Mathew v. Institute Of Cardio Vascular Diseases

    Order

    1. Mr K. Swami, learned counsel appearing for the appellant, submitted that the High Court Criminal OP No. 12001 of 1997 was clearly wrong in holding that the proceeding against the respondents was barred by limitation, as provided under Section 468(2)(c) of the Code of Criminal Procedure, 1973, because the order issuing summons against the accused was passed by the Magistrate after three years from the date of the occurrence, even though the complaint was admittedly filed within the period of limitation. In support of the contention, he relies upon a two-Judge Bench decision of this Court in Bharat Damodar Kale v. State of A.P (2003) 8 SCC 559 in which, on an examination of the provisions contained in Chapter XXXVI of the Code of Criminal Procedure, it was held that the Court can take cognizance of an offence, the complaint of which is filed before it, within the period of limitation prescribed and, if need be, after excluding such time which is legally excludable. It further held that the limitation prescribed is not for taking cognizance within the period of limitation, but for taking cognizance of an offence in regard to which a complaint is filed or prosecution is initiated beyond the period of limitation prescribed under the Code of Criminal Procedure. The decision in Bharat Damodar Kale (2003) 8 SCC 559 is followed in another two-Judge Bench decision of this Court in Japani Sahoo v. Chandra Sekhar Mohanty (2007) 7 SCC 394. In para 52 of the decision in Japani Sahoo (2007) 7 SCC 394, it was reiterated that for the purpose of computing the period of limitation, the relevant date must be considered as the date of filing of complaint or initiating criminal proceedings and not the date of taking cognizance by a Magistrate or issuance of process by a court.

    2. Mr K.V Viswanathan, learned Senior Counsel appearing on behalf of Respondent 1, submits that in both the decisions, an earlier three-Judge Bench decision in Krishna Pillai v. T.A Rajendran 1990 Supp SCC 121 was not taken note of. The decision in Krishna Pillai 1990 Supp SCC 121, though arising under the Child Marriage Restraint Act, 1929, also dealt with the period of limitation prescribed for taking cognizance, as provided under Section 9 of that Act.

    3. In Krishna Pillai 1990 Supp SCC 121, the Court after referring to the Constitution Bench decision in A.R Antulay v. Ramdas Sriniwas Nayak (1984) 2 SCC 500 made the following observations: (Krishna Pillai case 1990 Supp SCC 121)

    “4. … The extract from the Constitution Bench judgment (1984) 2 SCC 500 clearly indicates that filing of a complaint in court is not taking cognizance and what exactly constitutes taking cognizance is different from filing of a complaint. Since the magisterial action in this case was beyond the period of one year from the date of the commission of the offence the Magistrate was not competent to take cognizance when he did in view of the bar under Section 9 of the Act. We accordingly allow the appeal and quash the prosecution. The writ petition is permitted to be withdrawn as not pressed.”

    4. Mr Viswanathan contends that in terms of Section 4(2) of the Code of Criminal Procedure, all the provisions to Chapter XXXVI i.e Sections 469, 473, etc. would equally apply to a proceeding under the Child Marriage Restraint Act, 1929. According to Mr Viswanathan, the latter two-Judge Bench decisions (2003) 8 SCC 559, (2007) 7 SCC 394 are directly in conflict with the view taken by the three-Judge Bench decision in Krishna Pillai 1990 Supp SCC 121.

    5. In view of the aforesaid position, put up this case before a three-Judge Bench for an authoritative pronouncement on the issue.

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    Comments

    Sarah Mathew v. Institute Of Cardio Vascular Diseases
    (Feb 9, 2011)