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What do the Indian laws & regulations say about the period of limitation?

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eMediNexus    04 January 2022

Consumer Protection Act, 1986

“24A. Limitation period

(l) The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within two years from the date on which the cause of action has arisen.

(2)  Notwithstanding anything contained in sub-section (1), a complaint may be entertained after the period specified in sub-section (l), if the complainant satisfies the District Forum, the State Commission or the National Commission, as the case may be, that he had sufficient cause for not filing the complaint within such period: Provided that no such complaint shall be entertained unless the National Commission, the State Commission or the District Forum, as the case may be, records its reasons for condoning such delay.”

“23. Appeal. Any person, aggrieved by an order made by the National Commission in exercise of its powers conferred by sub-clause (i) of clause (a) of section 21, may prefer an appeal against such order of the Supreme Court within a period of thirty days from the date of the order: Provided that the Supreme Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that there was sufficient cause for not filing it within that period.

Provided further that no appeal by a person who is required to pay any amount in terms of an order of the National Commission shall be entertained by the Supreme Court unless that person has deposited in the prescribed manner fifty per cent of that amount or rupees fifty thousand, whichever is less.”

Medical Council of India

Clause 8.8 of the Indian Medical Council (Professional Conduct, Etiquette and Ethics) Regulations, 2002. “Any person aggrieved by the decision of the State Medical Council on any complaint against a delinquent physician, shall have the right to file an appeal to the MCI within a period of 60 days from the date of receipt of the order passed by the said Medical Council: 

Provided that the MCI may, if it is satisfied that the appellant was prevented by sufficient cause from presenting the appeal within the aforesaid period of 60 days, allow it to be presented within a further period of 60 days.”

In an appeal in the MCI against order DMC/DC/F.14/Comp.580/2010, dated 23.09.2010 passed by the Council filed by Mr NK (F.No.839/2010): “The MCI Ethics Committee noted that the complaint of the complainant has not been examined by DMC and the same has been rejected only on the grounds of delay in filling the complaint. The Committee is of the opinion, that this cannot be a ground to reject the complaint, as manifestation of complication due to surgery, may arise even afterwards, so this alone cannot be a sufficient reason and the complaint should be examined on merit. Moreover, no reasons have been given by the DMC to come to the conclusion therefore, the matter be returned back to Delhi Medical Council to examine and give reasons for rejections.”

National Consumer Disputes & Redressal Commission (NCDRC)

“14. Limitation.

(1) Subject to the provisions of sections 15, 19 and 24A, the period of limitation in the following matters shall be as follows:-

  1. Revision Petition shall be filed within 90 days from the date of the order or the date of receipt of the order as the case may be;
  2. Application for setting aside the ex-parte order under section 22A or dismissal of the complaint in default shall be maintainable if filed within thirty days from the date of the order or date of receipt of the order, as the case may be;
  3. An application for review under sub-section (2) of section 22 shall be filed to the National Commission within 30 days from the date of the order or receipt of the order, as the case may be;
  4. The period of limitation for filing any application for which no period of limitation has been specified in the Act, the rules of these regulations shall be thirty days from the date of the cause of action or the date of knowledge.

(2) Subject to the provisions of the Act, the Consumer Forum may condone the delay in filing an application or a petition referred to in sub-regulation (1) if valid and sufficient reasons to its satisfaction are given.”

Code of Criminal Procedure (CrPC)

“Section 468: Bar to taking cognizance after lapse of the period of limitation

  1. Except as otherwise provided elsewhere in this Code, no Court, shall take cognizance of an offence of the category specified in Sub-Section (2), after the expiry of the period of limitation.
  2. The period of limitation shall be-
  3. six months, if the offence is punishable with fine only;
  4. one year, if the offence is punishable with imprisonment for a term not exceeding one year;
  5. three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
  6. For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.”

“Section 469: Commencement of the period of limitation

  1. The period of limitation, in relation to an offence, shall commence,
  2. on the date of the offence; or
  3. where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or
  4. where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

 

  1. In computing the said period, the day from which such period is to be computed shall be excluded.”

“Section 470: Exclusion of time in certain cases

  1. In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

  1. Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
  2. Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, than, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

Explanation – In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.

  1. In computing the period of limitation, the time during which the offender:
  2. has been absent from the India or from any territory outside India which is under the administration of the Central Government, or
  3. has avoided arrest by absconding or concealing himself, shall be excluded.”

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