Dear Readers, thank you for your words of appreciation for FC #109. I was delighted to see some more people subscribing to FC. Please encourage your friends and acquaintances to subscribe.
September 8th was Onam, and I was in Chennai to celebrate it with the extended family after a gap of nearly three years.
The Queen is dead, long live the King.
⚠ Limitation
There’s no gainsaying that all of us believe that we are free to do what we please, when and where we please. But, unbeknownst to us, we suffer limitations and even when we feel free to do certain things, we do not realise that freedom is qualified, if not illusory.
A limitation is understood to be a kind of restriction, a line not to be crossed (like the Lakshman Rekha). It could be a limiting condition or rule, either self-imposed or put in place by someone who has the power to impose.
Let us look at self-imposed limitations. It may sound a bit trivial, but if one were to say that he is a teetotaller or says he will have only one drink, it may appear to be a kind of virtue or discipline, but in reality, it is a self-imposed barrier not to be crossed. Similar would be the case of a person who gives up drinking or smoking, even if the decision to kick the habit is influenced by health considerations or considerations for the family. In such a case, health or family becomes the limiting circumstance.
External factors may limit a person’s ability to undertake something which is beyond his reach or power. You want to buy a house which you can afford. The word ’afford’ is the manifestation of some limitations. You may not have enough money at your disposal, or your credit rating may not support your ability to borrow and service that debt. You may settle for a 2BR apartment in a less expensive locality rather than overextending yourself. Your dream house had a patch of lawn in the front and a garden patch at the rear. When you settle for an apartment, it does have its limitations, namely you cannot have your own garden. Sometimes, you may end up living in a place where pets are not allowed. It does sound cruel to impose that condition, but if you have no choice, you may have to put up with that limitation.
Your credit rating or your own fiscal discipline may determine the limit up to which you may want to use your credit card. One could end up in a debt trap if one were to indiscriminately use multiple credit cards.
Physical endurance also has limitations. You cannot hope to run a full marathon unless you have trained intensely. You may find yourself out of steam if you imagined you could run without proper training and preparation.
You may have often heard the comment ‘you are crossing the limit’. It is used when someone oversteps acceptable behaviour, exceeds social norms, mocks or makes remarks insensitively or makes statements which are not politically correct. Such limitations play out in social and business settings. You can expect more such limitations to come, given the emerging hypersensitivity.
The speed at which you drive is prescribed by law depending on the road conditions, and exceeding that limit has penal consequences. Driving under influence, also called drunken driving, has serious consequences. To be able to get a driving licence, to be able to buy alcohol, to contest an election to certain offices, to participate in certain contests and to get married, there are different age limits stipulated by the law of the jurisdiction to which you belong.
The following are more for my non-legal readers:
A limitation is also understood to be a limiting rule or condition, especially a legal one. Various offences can be committed — some are cognizable and others are non-cognizable. In very simple terms, cognizable means certain offences, when committed, empower the police to act and arrest the perpetrator without a warrant whereas in the case of non-cognizable offences the police can arrest a person when a competent court issues a warrant of arrest. There’s thus a limitation on the ability of the police to arrest a person. Some examples of cognizable offences are murder, rape, theft, kidnapping, etc, while examples of non-cognisable offences include cheating, forgery, assault, defamation, etc.
The police also have certain limitations for granting bail to an accused. Bailable offences are those which carry a punishment of less than three years imprisonment, where the police can grant bail and release the person on providing some security. With respect to non-bailable offences, which carry imprisonment for more than three years, the police have no power to grant bail and bail can be granted only by the competent court.
The real impact of limitation is felt when it comes to enforcing your legal rights or for pursuing certain remedies. There are many laws that provide for differing periods of limitation when it comes to bringing an action to enforce a claim or to pursue remedies.
The Indian Limitation Act prescribes different periods of limitation within which an action has to be brought to court. The law of limitation finds its root in the maxim “vigilantibus non dormientibus Jura subveniunt” which means the law will assist only those who are vigilant in enforcing their rights and not those who sleep on them.
Let me give a simplistic example: A person lends money on the strength of a promissory note. The period of limitation to enforce repayment is three years from the date of the promissory note. If the suit is not filed in time, it is said to be barred by limitation. Interestingly, the law of limitation does not extinguish the right, but extinguishes the remedy. So, technically the remedy of enforcing the promissory note may be lost but the right to recover the money as a hand loan on the basis of other evidence would still be permissible. Some may even resort to criminal proceedings for cheating. It is good to seek legal advice if you are faced with such situations.
There are situations when the courts have the discretion to condone the delay in certain cases.
Under the Motor Vehicles Act, the claim for compensation must be brought within 6 months of the occurrence. There is no express provision for condonation of delay. It is therefore advisable to lodge a claim well in time. Even from the point of view of getting reliable witnesses with a perfect recollection of the nature of the accident and its occurrence, it is better to prosecute the claim with diligence and alacrity.
Section 5 of The Indian Limitation Act applies only to civil cases, where the court may condone the delay in filing an application or an appeal, but Sec.5 does not apply to cases which are brought under specific enactments unless the Act itself provides for condonation. For example, in a case relating to dishonour of cheque, under Sec.138 of the Negotiable Instrument Act certain timelines are fixed:
Once you get the notice of dishonour from the bank, within thirty (30) days you should demand payment in writing. No legal notice is required.
If no payment is made within fifteen (15) days of issuing the demand notice, the offence is established, and you can file a criminal complaint before the court. Please note that the police don’t entertain complaints of dishonour.
The complaint must be filed within one month from the date of non-payment. The court may condone the delay in filing the complaint for good reasons.
It is, however, important to follow the thirty (30) day rule for making the demand, as there is no provision for condoning the delay in making the demand for payment.
It is important to note that even with respect to criminal complaints, limitation would apply as mentioned in Sec.468 of the Criminal Procedure code. For offences that are punishable with a fine only, the complaint should be filed within 6 months. For offences that are punishable with imprisonment for a maximum term of 1 year, a complaint is to be filed within 1 year; and for offences that are punishable with imprisonment for a term exceeding 1 year, and up to 3 years, the complaint must be filed within 3 years. The court may extend the period of limitation for sufficient cause and accordingly take cognizance. There is no limitation period for offences punishable with imprisonment of more than 3 years.
‘Sky is the limit’ is a common expression, and it applies to ambition, achievement, charity, philanthropy and opportunities. But that’s not the case with matters that are regulated by familial traditions, societal norms, legal provisions and other applicable rules. For artistic and creative expression, the sky has always been the limit. But that sky is no longer a clear blue sky. There is now an overhang of clouds inhibiting creativity.
So, if you have a grievance, don’t assume that you have all the time in the world. Please make sure you seek reparation in time.
Until next week, take care and be safe.
Thank you! Your words of appreciation are inspiring.
Another way of looking at limitations - the artist Matthew Barney has said/believes that without limitations, creativity cannot exist because creativity/expression is a reaction to restrictions... and without restrictions, creativity cannot produce.