CrPC Section 417
π Section 417 CrPC β Exclusion of time spent in obtaining evidence
Text of Section 417:
"Where the complaint or the report in any case requires the attendance of witnesses or the production of evidence, the period during which the attendance of witnesses or the production of evidence is being obtained shall be excluded in computing the period of limitation."
π Explanation of Section 417 CrPC
β 1. Purpose of Section 417
Section 417 provides a relief from the running of the limitation period in cases where:
A complaint or report has been filed, and
The attendance of witnesses or production of evidence is being obtained.
It means that time spent in collecting evidence or securing witnesses will not count towards the limitation period for taking cognizance of the offence.
β 2. What Does It Mean?
In criminal law, there is a time limit (limitation period) within which the court can take cognizance of an offence.
Sometimes, due to procedural reasons, gathering evidence or summoning witnesses takes time.
Section 417 says that this time period will be βexcludedβ or not counted while calculating the limitation period.
This prevents the case from being dismissed just because the evidence-gathering process took too long.
β 3. Applicability
Applies to all complaints or reports where witnesses or evidence need to be produced.
The period during which evidence is being obtained is excluded from the limitation period.
β 4. Importance of Section 417
Ensures fairness in the legal process.
Protects prosecutors and complainants from losing their right to have the case heard due to delays in obtaining evidence.
Helps in effective administration of justice by recognizing practical difficulties in securing witnesses or evidence.
β 5. Illustration
A complaint is filed on 1st January.
The law provides 6 months for taking cognizance of the offence.
However, it takes 2 months to get key witnesses to appear and produce evidence.
These 2 months will be excluded from the 6 months limitation period.
So, effectively, the limitation period will start counting after those 2 months, i.e., from 1st March.
π§ Key Takeaways
| Point | Explanation |
|---|---|
| Purpose | Exclude time spent in obtaining witnesses/evidence from limitation period |
| Effect | Prevents expiry of limitation due to delays in evidence collection |
| Scope | Applies to all complaints/reports needing witness attendance or evidence |
| Benefit | Ensures fair trial and proper investigation |
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