CrPC Section 472
π Section 472 of the Code of Criminal Procedure, 1973
Title: Continuing offence
Text of Section 472:
"In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues."
π Explanation of Section 472 CrPC
β 1. Purpose of the Section
Section 472 is an exception to the general rules laid down under Chapter XXXVI of the CrPC, which deals with the limitation for taking cognizance of offences.
Normally, there is a fixed time limit (limitation period) for taking cognizance of offences (as per Section 468 CrPC). However, in certain offences which are continuing in nature, this limitation period does not run out as long as the offence continues.
Section 472 ensures that offenders of continuing offences cannot escape liability just by prolonging the offence beyond the original limitation period.
β 2. What is a βContinuing Offenceβ?
A continuing offence is one where:
The offence continues to occur over a period of time, and
Each day the act continues, a new offence is committed or the effects of the offence persist.
This is in contrast to an offence that is completed once and for all at a particular point in time (called an instantaneous offence).
π Examples of Continuing Offences:
Non-compliance with a court order, such as disobedience of an injunction.
Illegal construction or encroachment that remains standing.
Failure to maintain statutory records when required to do so continuously.
Bigamy, where the second marriage continues to subsist unlawfully.
β 3. Effect on Limitation Period
In a continuing offence:
The limitation period does not begin from the date when the act first occurred.
Instead, a fresh limitation period starts each day the offence continues.
This means that as long as the offence continues, the law can take cognizance of it.
π
Illustration:
Letβs say a person is required by law to file a return by 1st January, and fails to do so.
If this is a one-time obligation, the limitation begins from 1st January.
But if the law requires continuing compliance (like filing monthly returns), then every day of non-compliance counts as a continuing offence, and limitation refreshes daily.
β 4. Judicial Interpretation
Courts have consistently held that:
The nature of the offence determines whether it is a continuing one.
Not all offences can be treated as continuing offences.
For an offence to be considered continuing, the illegal act or its effects must persist over time.
π Important Case Law:
State of Bihar v. Deokaran Nenshi (AIR 1973 SC 908): The Supreme Court held that a continuing offence is one which is susceptible of continuance and is distinguishable from one which is committed once and for all.
Bhagirath Kanoria v. State of M.P. (AIR 1984 SC 1688): It was held that failure to pay provident fund dues was a continuing offence.
β 5. Relationship with Section 468 (Bar of limitation)
Section 468 lays down time limits for taking cognizance (e.g., 6 months, 1 year, 3 years depending on the offence).
Section 472 acts as a carve-out: if the offence is continuing, the bar of limitation under Section 468 does not apply in the usual sense.
π§ Key Takeaways
| Aspect | Explanation |
|---|---|
| Type of offence | Must be a continuing one |
| Effect on limitation | A new limitation period starts every moment the offence continues |
| Legal protection | Prevents escape from liability due to passage of time |
| Examples | Non-compliance with legal duties, maintenance, illegal occupation |
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