The bar of limitation under Section 53 of the Madras District Police Act, 1859, is available to an accused police officer only when the act complained of has been committed in the discharge of his official duties.

( 1 ) THESE appeals came before Basi Reddi, J. , for final disposal and a preliminary point was taken before the learned Judge that the prosecution of the appellants was barred by reason of the provisions of Section 53 of the Madras District Police Act of 1859 (hereinafter referred as the Act ). Although this point was not raised in the lower Court, as it was a question of law going to the root of the jurisdiction of the Court, the learned Judge permitted the counsel to argue. After bearing the arguments, the learned Judge was of the opinion that the view taken in a judgment of the Madras High Court in Nichodemus v. State, 1954 Mad WN (Cri) 185 : ( (S) AIR 1955 Mad 561), by Chandra Reddy, J. as a Judge of the Madras High Court and in Bapaniah v. State, 1954 Mad WN (Cri) 316, a subseyuent decision of the same learned Judge as a judge of the Andhra High Court were not in consonance with the view taken by the Madras High Court in an earlier decision in Lakshmiah Swami v. Mohd. Galah Hussain, AIR 1937 Mad 382. Inasmuch as the construction placed by Chandra Reddy, J. , in the two cases referred to was not the same as that placed by the Madras decision (the last mentioned decision) he referred the case with the following question for determination by a Bench:-"in the circumstances of this case, is the prosecution of the appellants barred by limitation by reason of the provisions of Section 53 of the Madras District Police Act. "in pursuance of the above order of reference, the cases were placed before Monohar Pershad and Jaganmohan Reddy, JJ. , and the bench, having regard to the importance of the matter, thought it desirable to refer the matter to a Full Bench. The following questions were referred to the Full Bench. "1. In what circumstances would the bar of limitation prescribed by Section 53 of the Madras District Police Act be available to an accused officer?

( 2 ) IN the circumstances of this case, is the prosecution of the appellants barred by limitation by reason of the provisions of Section 53 of the Madras District Police Act. "2. These two questions have now come up before us for consideration. The Madras District Police Act has been enacted for the better regulation of the police within the territories in the Presidency of Madras. It deals with, the powers, duties and responsibilities of the police officers. It also deals with, the penalties that might be imposed on a police officer (or unlawful acts. The police officers are liable to be prosecuted for offences committed by them and where such offences are committed while in the actual discharge of their duties the law enjoins that such prosecution or complaints shall be filed as early as possible. Section 53 prescribes a period of three months for the launching of prosecutions and the giving of at least one month notice of such action to the police officer find other superior officer mentioned in the section. Section 53 in so far as it is relevant reads as follows:-"all actions and prosecutions against any person which may be lawfully brought for anything done or intended to be done, under the provisions of this Act, or under the provisions of any other law for the time being in force conferring powers on the police, shall be commenced within three months after the act complained of shall have been committed and not otherwise. . . . . "

( 3 ) OBVIOUSLY this section does not give any protection to the police officer allowing him to perpetrate crimes or Commit offences. The Police officer is liable to be punished and prosecuted like any other individual if he is responsible for an act which would constitute an offence under the Penal Code or under any other law. The protection afforded to the Officer is limited to this extent that where in the discharge of his duties the police officer does anything which would amount to an offence any action intended to be taken against him for such an offence would have to be commenced within three months. The policy of the