TMI Blog1991 (1) TMI 464X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 406 did not amount to a continuing offence. 3. By order dated May 3, 1990, the learned Judge referred the aforesaid question for decision by a larger Bench. This is how the case has been heard by us. 4. Chapter XXXVI (Sections 467 to 473) relating to limitation for taking cognizance of certain offences was added in the Code of Criminal Procedure, 1973, for the first time. Section 467 relates to definitions. Section 468 prescribes the period of limitation for various offences, a smaller period of limitation having been prescribed for offences punishable with smaller imprisonment and larger period of limitation being prescribed for offences punishable with greater imprisonment. The period of limitation for offences punishable up to three years, is three years. The offence under Section 406 would fall in this category unless it was held to be a continuing offence. Section 469 relates to commencement of the period of limitation. Sections 470 and 471 deal with exclusion of time in certain cases. Section 472 lays down that in the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of time during which the offence continues. And lastl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Trade Union Act, 1871, made it penal for an officer or a member of a Trade Union to wilfully withhold any money, books, etc., of the Trade Union. It was held in that case that the offence of withholding the money was a continuing offence, the basis of the decision evidently being that every day that the moneys were wilfully withheld, the offence was committed. 9. In Verney v. Mark Fletcher Sons Ltd. (1909) 1 KB 444, Section 10(1) of the Factory and Workshop Act, 1901, provided that every fly-wheel directly connected with steam, water or other mechanical power must be securely fenced. Section 135 provided the penalty for non-compliance with Section 10(1), while Section 146 provided that information of the offence shall be laid within three months after the date on which the offence comes to the knowledge of the Inspector. It was held that the breach of Section 10(1) was a continuing breach and therefore, the information was in time. Every day that the flywheel remained unfenced, the factory was run otherwise than in conformity with the Act of 1901 and, therefore, the offence defined in Section 10 was a continuing offence. 10. The third English case referred to is The London ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... concern for the welfare of workers to hold that the employer who had not paid his contribution to the Provident Fund could successfully evade the penal consequences of his act by pleading the law of limitation. It was, therefore, held that the offence was a continuing one. Having regard to the nature of the offence and the purpose which is intended to be achieved by constituting criminal breach of trust as an offence, we are of the view that the offence in question is a continuing one. 15. The matter can be viewed from another angle. Section 410 of the Indian Penal Code defines 'stolen property'. The definition is broad enough to include within its sweep property which has been criminally misappropriated or in respect of which criminal breach of trust has been committed and it continues to be so till it comes into possession of a person legally entitled thereto. In other words, once a property is criminally misappropriated or in respect of which criminal breach of trust has been committed the same continues to be stolen property till it is restored to the person entitled to its possession. The above provision furnishes a key to the understanding of the nature of the off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingh's case have been dealt with above. 20. J.S. Sekhon, J. in Renu's case (Supra) had taken the view that the offence under Section 406 of the Indian Penal Code was a continuing offence. To the same effect was decision in Hakam Singh's case (supra) taken by one of us (A.P. Chowdhri, J.), sitting singly. 21. Oriental Bank of Commerce v. Delhi Development Authority, related to a prosecution for non-conforming user of premises in contravention of Section 29(2) of the Delhi Development Act. It was held by a Division Bench of Delhi High Court that the offence was a continuing one and it clearly implied that the offence continued de die in diem so long as mis-user continued. 22. We find an element of continuance in the offence of criminal misappropriation in view of the extended definition of 'stolen property'. The offence continues until the property which has been criminally misappropriated is restored to the true owner. We further find that the case of criminal misappropriation comes very close to one of the illustrations in Best's case (supra) cited in Deopkaran Nenshi's case (supra) in which it was held that the offence of withholding the money ..... X X X X Extracts X X X X X X X X Extracts X X X X
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