Continuing Offence

Article by Vijay Pal Dalmia, Advocate, Supreme Court of India and Delhi High Court, Partner & Head of Intellectual Property Laws Division, Vaish Associates Advocates, India

Continuing offence involves an offence committed over a prolonged period which constitutes a fresh offence every time or occasion on which it continues. Continuing offence has not clearly been defined in the Code of Criminal Procedure ("C.r.P.C.") but its scope has been established in multiple judgements. This article intends to explore the scope of continuing offence and the concept of limitation period through various sections and case laws.

1. Ingredients of a continuing offence

To prove continuing offence, one needs to prove that the offence started from the time of commission and continued till the person had their liberty restored. In the case of a continuing offence, there is thus the ingredient of continuance of the offence which is absent in the case of an offence which takes