Cognizance of criminal cases and period of limitation under criminal procedure code, 1973

Pages: 169-171
Neeraj Malik (Department of Law, Chhaju Ram Law College, Hisar, Haryana)

“Nullum tempus occurrit regi”, which originated in the 1250s, was first used by Bracton in his De legibus et consuetudinibus Angliae. The literal meaning of this maxim is that the crown may decide to proceed with action that may be barred by time and that the lapse of time does not bar the right of the crown. On the other hand, “vigilantibus et non dormientibus jura subveniunt”, which is a maxim of Roman law, implies that the law shall only assist those who are vigilant and not those who are careless or lazy about their rights. The law of limitation should not be allowed to take cognizance, which can be circumvented by taking recourse to the magic words of ‘interests of justice’ unless there is manifestation of compelling and justifiable reasons.