Litigant will not pay for court’s delay, rules SC

In an important ruling that is likely to benefit thousands of litigants, the Supreme Court has held if a complainant approaches the court to prosecute someone well within the time prescribed in the law, he cannot be penalised for the delay on the part of the court. HT Image While setting-aside the order of Orissa High Court, the SC bench held that for the purpose of computing the period of limitation in a criminal case, the date of filing the complaint must be considered relevant. The date when a magistrate takes cognizance of that complaint shall not hold good as such a process is “unconstitutional” and “ultra vires” of the Constitution. The bench overruled all the decision in which it has been held that the crucial date for computing the period of limitation is the date when a magistrate takes cognizance of the complaint and not the date when the complaint is actually filed.