- When any magisterial action/orders were to be passed in a case involving an offence which is barred by limitation, the court should pass a speaking order about the extension of the period of limitation/ condonation after giving notice of opportunity to the accused.
- The accused will be remanded only if the court extends the limitation or condones the delay and finds that there are grounds for remanding the accused.
- If the court does not extend limitation/condone the delay, the accused was not to be remanded and should be released forthwith.
- When a charge sheet is filed in a case involving an offence which is barred by limitation, but no magisterial action/order is required, the court should pass orders either extending the limitation/condoning the delay or rejecting the same before proceeding to take cognisance of the charge sheet.
- The order of extension/condonation of limitation is essential even in the absence of any petition filed by the prosecution under Section 473 of CrPC.
- If the court takes cognisance of an offence which is time-barred without passing orders for extension/condonation, the accused shall have a right to file a petition for discharging him on the ground of limitation irrespective of the stage of proceedings.
- If an offence is not barred by limitation at the time of filing FIR but subsequently gets time-barred, the charge sheet has to be filed with an application under Section 473 for extension of limitation. The court shall consider the application after giving due notice to the accused and pass orders. If the delay is condoned by way of speaking order, the charge sheet can be taken cognisance.
- If due to some extraneous reasons, the charge sheet is taken on file without an application for extension/condonation and without any order to that effect, the prosecution shall file an application at any subsequent stage for acceptable reasons. the court shall give notice to the accused and must pass orders after considering the genuineness of the reasons and other relevant factors in the interest of justice.
- If the offence is not time-barred at the time of filing FIR or Chargesheet but later due to delay of court, the court shall not insist on a petition under Section 473 but take cognisance of the chargesheet by recording reasons for its delay.
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