Limitation for complaint under the Official Secrets Act: authorisation is not prior sanction, and delay may be condoned on bona fide grounds.

Section 13(3) of the Official Secrets Act, 1923 requires a complaint to be filed by order of, or under authority from, the Appropriate Government, but this is not the same as a prior sanction or consent requiring an application of mind. The time spent obtaining such authorisation therefore does not fall within the exclusion under the Explanation to Section 470(3) of the Code of Criminal Procedure. On the stated facts, the delay was explainable on a bona fide mistaken belief and could be condoned under Section 473, so the complaint was treated as within time and discharge on limitation grounds was not available.

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Issues: Whether, under Section 13(3) of the Official Secrets Act, 1923, the requirement of a complaint made by order of, or under authority from, the Appropriate Government amounts to a requirement of prior sanction or consent so as to attract exclusion of time under Section 470(3) of the Code of Criminal Procedure; and whether the complaint, filed beyond the ordinary limitation period, could still be treated as within time or justify discharge of the accused under Section 245 of the Code of Criminal Procedure.

Analysis: The expression in Section 13(3) was held to contemplate only the filing of a complaint by order of, under authority from, or by an empowered officer of the Appropriate Government. It was distinguished from a statutory requirement of previous sanction or consent, which ordinarily involves an application of mind and a quasi-judicial decision. The time spent in obtaining an order or authority to file the complaint was therefore not covered by the exclusion contemplated by the Explanation to Section 470(3) of the Code of Criminal Procedure. The delay, however, was explainable on the facts because the complainant had acted under a bona fide belief that such authorisation was necessary, and the delay was capable of being condoned under Section 473 of the Code of Criminal Procedure.

Conclusion: Section 13(3) of the Official Secrets Act, 1923 does not require prior sanction or consent, and the period spent in obtaining authorisation for filing the complaint cannot be excluded under Section 470(3) of the Code of Criminal Procedure. The complaint was within time by reason of extension of limitation, and the accused was not entitled to discharge on the ground of limitation.

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