Section 52 of The Road Transport Corporations Act, 1950
Limitation of time for prosecution.
1[52. Limitation of time for prosecution.--No person shall be liable to punishment for any offence against this Act or any rule or regulation made thereunder or any bye-law continued thereunder, unless complaint of such offence is made before a Magistrate within six months next after,--
- (a)the date of the commission of such offence, or
- (b)the date on which the commission or existence of such offence was first brought to the notice of the complainant.]
Summary
- It sets a strict time limit for starting a legal case against a person for offences.
- A complaint must be made to a Magistrate within six months of the crime being committed.
- If the crime was not immediately known, the six month limit starts from the date it was first noticed.
- It applies to any violation of the Act, its rules, its regulations, or continuing bye-laws.
Practical examples
FAQ
1. What is the deadline for filing a complaint under Section 52 of The Road Transport Corporations Act, 1950?
Under Section 52 of The Road Transport Corporations Act, 1950, a complaint for any offence must be made within six months of the date the offence was committed or first noticed.
2. Does the time limit in Section 52 of the 1950 Transport Act start from the crime date or the discovery date?
According to Section 52 of The Road Transport Corporations Act, 1950, the six month period starts from either the date of the commission of the offence or the date it was first brought to the notice of the complainant.
3. Can a person be punished for an old regulation breach under Section 52 of The Road Transport Corporations Act, 1950?
No, Section 52 of The Road Transport Corporations Act, 1950, prevents punishment if the complaint is not brought before a Magistrate within the six month limitation window.
4. Does Section 52 of The Road Transport Corporations Act, 1950, apply to rules and regulations?
Yes, Section 52 of The Road Transport Corporations Act, 1950, explicitly covers offences against the Act, any rule or regulation made under it, or any bye-law that is still in effect.
Test yourself
1.Under Section 52 of The Road Transport Corporations Act, 1950, how long does a complainant have to file a case after an offence is committed?
2.If an offence against The Road Transport Corporations Act, 1950, was discovered on May 1st, what is the last day to file a complaint under Section 52?
3.To what types of violations does the time limit in Section 52 of The Road Transport Corporations Act, 1950, apply?
4.Under Section 52 of The Road Transport Corporations Act, 1950, who must receive the complaint within the specified time limit?