AVADH BEHARI ROHATGI

( 1 ) FOR the first time in India the Code of Criminal Procedure, 1973 introduced the law of limitation in criminal cases. Chapter XXXVI is a newly introduced chapter containing brand-new sections 467 to 473. These sections prescribe periods of limitation for launching a criminal prosecution in, certain cases. Under the repealed Code of 1898, no period of limitation was prescribed or launching a criminal prosecution and the court could not throw out a private complaint or a police report solely on the ground of delay, though delay might be a good ground for doubting the prosecution story. This was consistent with the original theory of criminal justice. In a civil case a party can always compromise or get rid of his liability with the assent of the injured party. But crimes are offences against the State. All proceedings are in theory instituted on behalf of the Crown or the State. The law of limitation did not apply to criminal proceedings unless it was made applicable to them by express provisions. Now the Parliament has done so in the hope that the period of limitation would put pressure on the organs of criminal prosecution to make every effort to ensure the

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