Limitation Period for Taking Cognizance of Criminal Offences in India
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs limitation for taking cognizance of certain offences under Sections 513 to 519. These provisions broadly correspond to Sections 467 to 473 of the Code of Criminal Procedure, 1973 (CrPC).
What is the period of limitation?
Under Section 513 BNSS (formerly Section 467 CrPC), the period of limitation means the period specified in Section 514 for taking cognizance of an offence. The law imposes time limits for specified less serious offences, subject to statutory exclusions and extension.
Section 514 BNSS: Bar to taking cognizance after limitation
Section 514 (formerly Section 468 CrPC) generally bars cognizance after expiry of the prescribed period, except as otherwise provided by law.
| Maximum punishment prescribed for offence | Limitation period |
|---|---|
| Fine only | 6 months |
| Imprisonment not exceeding 1 year | 1 year |
| Imprisonment exceeding 1 year but not exceeding 3 years | 3 years |
| Imprisonment exceeding 3 years | No general limitation period under Section 514(2); special laws may apply |
Where offences may be tried together, Section 514(3) determines the limitation period by reference to the offence carrying the more severe or most severe punishment. The Explanation to Section 514 specifies that, for computing limitation, the relevant date is the date of filing the complaint under Section 223 BNSS or recording information under Section 173 BNSS. This expressly addresses delay between institution and the court taking cognizance.
Section 515 BNSS: When does limitation begin?
Section 515 (formerly Section 469 CrPC) provides three possible starting points:
- Date of offence: Ordinarily, limitation begins on the date the offence occurred.
- Offence discovered later: If neither the aggrieved person nor any police officer knew of the offence, limitation starts when either first learns of it, whichever is earlier.
- Offender initially unknown: Where the offender's identity is unknown, limitation begins when it becomes known to the aggrieved person or investigating police officer, whichever is earlier.
Under Section 515(2), the starting day is excluded when calculating the period.
Section 516 BNSS: Exclusion of time in certain cases
Section 516 (formerly Section 470 CrPC) excludes specified periods when computing limitation:
- Good-faith proceedings: Time spent diligently prosecuting another case against the offender on the same facts in a court unable to entertain it for a jurisdictional defect or similar cause.
- Stay or injunction: The period for which institution of prosecution is stayed by an injunction or order, including the specified starting and ending days.
- Notice, consent or sanction: The relevant notice period or time required to obtain mandatory consent or sanction from the competent authority.
- Absence or evasion: Time during which the offender is absent from India or relevant centrally administered territory, or avoids arrest by absconding or concealing himself or herself.
Each exclusion depends on the facts and statutory conditions; it is not automatic merely because proceedings were delayed.
Section 517 BNSS: Limitation expiring on a court holiday
Section 517 (formerly Section 471 CrPC) permits cognizance on the day the court reopens when the limitation period expires on a day the court is closed. A court is treated as closed where it remains closed during its normal working hours.
Section 518 BNSS: Continuing offences
Section 518 (formerly Section 472 CrPC) provides that a fresh period of limitation begins at every moment during which a continuing offence persists. A continuing offence involves an unlawful state of affairs or breach that continues over time; a completed offence whose consequences persist is not necessarily continuing.
Section 519 BNSS: Extension after expiry
Section 519 (formerly Section 473 CrPC) allows a court to take cognizance after the limitation period if it is satisfied, on the facts and circumstances, that the delay has been properly explained or that doing so is necessary in the interests of justice. This is a judicial discretion, not an automatic right to late prosecution.
CrPC and BNSS section correspondence
| Earlier CrPC, 1973 | Current BNSS, 2023 | Subject |
|---|---|---|
| 467 | 513 | Definition of limitation |
| 468 | 514 | Bar after expiry |
| 469 | 515 | Commencement |
| 470 | 516 | Exclusion of time |
| 471 | 517 | Court closure |
| 472 | 518 | Continuing offence |
| 473 | 519 | Extension |
Important practical considerations
Check the punishment prescribed for the alleged offence, the correct starting date, when the complaint was filed or information recorded, and any statutory exclusions. Special enactments may prescribe distinct limitation periods or disapply the general rules. In particular, certain economic offences are subject to special statutory treatment.
The Supreme Court's interpretation of the earlier CrPC provisions concerning timely institution of prosecution remains relevant where consistent with the BNSS. The express explanation added to Section 514 should also be considered.
Official legal sources
Consult the Ministry of Home Affairs - New Criminal Laws and the BNSS statutory text (Bureau of Police Research and Development) for the governing legislation. For the authoritative current enactment and amendments, also consult the India Code portal.
This article provides general legal information, not advice for a particular prosecution. Applicable law depends on the offence, dates, transitional provisions, and relevant special statutes.