CrPC Section 467
🔹 Bare Text of Section 467 CrPC:
"467. Definition. —For the purposes of this Chapter, the period of limitation, in relation to offences which are punishable with imprisonment for a term exceeding three years, shall be three years."
🔹 Context of Section 467
Section 467 appears under Chapter XXXVI of the Criminal Procedure Code, 1973, which is titled “Limitation for Taking Cognizance of Certain Offences”.
The chapter deals with the time limits within which a court can take cognizance of certain criminal offences, i.e., the legal timeframe during which proceedings must be initiated.
🔹 Purpose of Section 467
Section 467 defines the limitation period for offences punishable with imprisonment exceeding three years, especially in the context of forgery and related crimes.
Even though the heading just says “Definition,” this section sets the basis for computing the limitation period for serious offences.
🔹 Key Interpretations and Points:
Scope of Limitation:
The CrPC provides limitation periods for minor offences only — i.e., where the punishment is up to 3 years.
For serious offences (punishable with imprisonment exceeding 3 years), no specific limitation period is prescribed under CrPC.
So, what does Section 467 do?
It marks the upper limit — where Chapter XXXVI ceases to apply.
If an offence is punishable with more than 3 years, then the Limitation Chapter (Sections 468–473) of CrPC does not apply.
In essence:
If an offence is punishable with up to 3 years, limitation periods under Sections 468 and 469 apply.
If it is above 3 years, Section 467 makes it clear that no limitation applies, and the court can take cognizance regardless of the time elapsed.
Connection to Forgery:
Section 467 of the Indian Penal Code (IPC) deals with forgery of valuable security, etc., which is punishable with up to 10 years of imprisonment.
Since this offence is punishable with imprisonment exceeding 3 years, Section 467 of the CrPC makes it exempt from limitation — meaning a court can take cognizance of forgery offences under IPC 467 even after many years.
🔹 Example for Clarity
Suppose someone committed a forgery offence in 2010, and a complaint is filed in 2025.
Normally, under Section 468 CrPC, if the offence was punishable with up to 3 years, it would be barred by limitation.
But because forgery under IPC 467 is punishable with up to 10 years, CrPC Section 467 kicks in — there is no limitation bar, and the court can take cognizance even in 2025.
🔹 Important Case Laws Related to Section 467 CrPC:
Sarah Mathew v. Institute of Cardio Vascular Diseases (2014) – Supreme Court held that limitation under Chapter XXXVI starts from the date of filing the complaint, not from the date of taking cognizance.
State of Himachal Pradesh v. Tara Dutt (2000) – Clarified that for serious offences (punishable with over 3 years), there is no limitation, reaffirming the role of Section 467 CrPC.
🔹 Conclusion:
Section 467 of CrPC acts as a definitional boundary to determine whether the limitation provisions apply or not. It says:
If an offence is punishable with more than 3 years of imprisonment, there is no time limit for initiating criminal proceedings — courts can take cognizance at any time.
It is especially relevant in serious offences like forgery, fraud, etc., where evidence may come to light after many years.
0 comments