Chapter 9
Prescription
Section 95 In a criminal case, if the offender is not prosecuted and brought to the Court within the following specific periods of time as from the date of the commission of the offence, the prosecution shall he precluded by prescription;
- Twenty years in the case that the offences are punishable with death, imprisonment for life or
imprisonment of twenty years.
- Fifteen years in the case that the offences are punishable with imprisonment of over seven years but not up to twenty years
- Ten years in the case that the offences are punishable with imprisonment of over one year up to seven years
- Five years in the case that the offences are punishable with imprisonment of over one month up to one year
- One year in the case that the offences are punishable with imprisonment of one month downwards or other punishment
If the offender has been prosecuted and brought to the Court, but the offender escapes, or is insane, and the Court gives an order to suspend the trial until the specified period has expired reckoning from the date of escape, or the date of giving order suspending the trial, it shall be deemed that prosecution is likewise precluded by prescription.
Section 96 Subject to Section 95, in case of compoundable offence, if the injured person does not submit a complaint within three months as from the date of offence and offender is known by the injured person, the criminal prosecution is precluded by prescription.
Section 97 In a prosecution for relegation, if it is made after the prosecution of the case which is the basis giving rise to the power of prosecution for relegation, it must be made within six months reckoning from the day of prosecution of such case, otherwise it shall be precluded by prescription.
Section 98 If any person, convicted by the final judgment, has not yet undergone the punishment, or has not completely undergone the punishment on account of having made an escape, and such person is not brought to undergo the punishment till the following periods of time reckoning from the day of the final judgment, or the day on which the offender has made the escape, as the case may be, the execution of punishment shall be precluded by prescription, and the punishment shall not be inflicted upon such person;
- Twenty years for a case with sentence to death, to imprisonment for life or to imprisonment of twenty years
- Fifteen years for a case with sentence to imprisonment of over seven years but not up to twenty years
- Ten years for a case with sentence to imprisonment of over one year up to seven years
- Five years for a case with sentence to imprisonment of one year downwards or any other punishment
Section 99 If the seizure of property paying the fine or confinement in lieu of fine has been made within five years as from the date of final judgment, neither seizure of property nor confinement shall be unable to make.
The provisions of the first paragraph shall not be enforced to the case of confinement in lieu of fine as made continuously with the infliction of imprisonment.
Section 100 If any person relegated by the final judgment has not under-gone relegation, or has not completely undergone relegation on account of having made an escape, and the period of three years has expired reckoning from the day of passing the punishment by having undergone the punishment according to the judgment or by having the execution of punishment precluded by prescription, or from the day when such person made an escape during the time of relegation, the relegation shall be precluded, and such person shall not be relegated.
Section 101 If the execution of the order of the Court according to Section 46, or the request to the Court to make an order for payment of money when the person executing the bond breaks the bond according to Section 47 is not made within two years reckoning from the day when the Court gave the order, or from the day when the person executing the bond broke the bond, the execution or request shall not be made.