Meaning Of Continuing Offence Under Criminal Law

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

As per Section 472 of Code of Criminal Procedure, 1973 ("Cr.P.C"), in the case of a continuing offence, a fresh period of limitation begins to run at every moment of time during which the offence continues.

The question whether an offence is a continuous or not becomes relevant in a situation where there is a prescribed limitation period for such an offence as Section 468 of Cr.P.C. bars the Court to take cognizance of an offence beyond the period of limitation.

According to the Blacks' Law Dictionary, Fifth Edition (Special Deluxe), 'Continuing means "enduring; not terminated by a single act or fact; subsisting for a definite period or intended to cover or apply to successive similar obligations or occurrences." Continuing offence means "type of crime which is committed over a span