Has limitation period been passed in such case in India? See details.?

Question

SUPPOSE somebody 'B' comes to know after 5 year
through his neighbour that
his servant thieved 5000 rupees from his home.
'B' was not aware about such theft for 5 years.
Now if 'B' want to sue his servant;...
HAS LIMITATION PERIOD BEEN PASSED for such case or not ;..in India?

Answer 1

Since the maximum punishment for the offence of theft is 3 years imprisonment under section 379 IPC the period of limitation for any magistrate to take cognizance of any such offence according to section 468 of the Criminal procedure Code is three years. Section 469 of the said Code provides the period of limitation, in relation to an offender, shall commence where the commission of the offence was not known to the person aggrieved by the offence. In the present case 'B' came to know about this theft after 5 years only, hence the period of limitation begins from the date 'B' came to know about this offence i.e. 5 years after the actual date of theft not the date of theft. The criminal complaint in this case is within the period of limitation.