Limitation calculator

For some offences a court cannot take cognizance after a fixed period. This follows BNSS ss.514–519 (formerly CrPC ss.468–473).

Limitation calculator

Up to one year: no cognizance after one year.

Because of: IPC s.176

Offences tried together take the period of the most severe (s.514(3)); it is counted to the date the FIR or complaint was filed.

BNSS s.514 (CrPC s.468)

Where the offence was not known, the date it became known; where the offender was unknown, the date their identity became known.

Days to leave out of the count (if any)

BNSS s.516 (formerly CrPC s.470): time spent on a good-faith prosecution in the wrong court, under a stay, waiting for sanction, or while the accused was abroad or absconding — add those days.

Limitation period One year

Limitation periodOne year

BNSS section 514

BNSS s. 514(formerly CrPC s. 468)

BNSS s.514(2) (formerly CrPC s.468(2)) fixes the period of limitation at six months for an offence punishable with fine only; one year for an offence punishable with imprisonment for a term not exceeding one year; and three years for an offence punishable with imprisonment for a term exceeding one year but not exceeding three years. For offences punishable with more than three years, s.514 fixes no period at all.

BNSS s.514(3) (formerly CrPC s.468(3)) says that where offences may be tried together, the period of limitation is determined by reference to the offence punishable with the more severe punishment.

Section 2 of the Economic Offences (Inapplicability of Limitation) Act, 1974 says that nothing in Chapter XXXVI of the CrPC — now Chapter XXXVIII of the BNSS — applies to an offence punishable under any of the enactments listed in its Schedule, or to an offence tried along with such an offence. The Schedule names the income-tax, customs, central excise, stamp and many similar Acts. If your matter is under one of them, the calculation above does not apply to it at all — there is no period of limitation there to expire.

The Explanation to BNSS s.514 now says in terms that the relevant date for computing limitation is the date the complaint is filed (s.223) or the information is recorded (s.173) — not the date the Magistrate takes cognizance. Under the CrPC the same rule was settled by a Constitution Bench in Sarah Mathew v. Institute of Cardio Vascular Diseases, (2014) 2 SCC 62. So a complainant who filed the complaint or got the FIR recorded within time does not lose the case because the court was slow to take cognizance of it.

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BNSS s. 515(formerly CrPC s. 469)

When the period starts — BNSS s.515 (CrPC s.469)

BNSS s.515(1) (formerly CrPC s.469(1)) starts the period on whichever of three days comes first: the date of the offence; or, where the commission of the offence was not known to the person aggrieved or to any police officer, the first day on which it came to the knowledge of either; or, where it was not known by whom the offence was committed, the first day on which the identity of the offender became known to the person aggrieved or to the police officer investigating.

BNSS s.515(2) (formerly CrPC s.469(2)) says the day from which the period is computed is excluded — the period runs from the following day. That is how this page counts it.

In practice this means the clock often does not run from the day the thing happened but from the day it became known. In concealed offences that difference can be years.

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BNSS s. 516(formerly CrPC s. 470)

Time that is not counted — BNSS s.516 (CrPC s.470)

BNSS s.516(1) (formerly CrPC s.470(1)) excludes the time during which a person was prosecuting, in good faith and with due diligence, another prosecution against the same offender on the same facts, where that court was unable to entertain it for defect of jurisdiction or other like cause.

BNSS s.516(2) (formerly CrPC s.470(2)) excludes the whole period during which the prosecution was stayed by an injunction or order, including the day it was issued and the day it was withdrawn.

BNSS s.516(3) (formerly CrPC s.470(3)) excludes the period of any notice of prosecution that had to be given, and the time required to obtain the consent or sanction of the Government or any other authority where such sanction is required.

BNSS s.516(4) (formerly CrPC s.470(4)) excludes the time during which the offender was absent from India, or avoided arrest by absconding or concealing himself.

BNSS s.517 (formerly CrPC s.471) allows a court to take cognizance on the day it reopens where the period expired on a day the court was closed.

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BNSS s. 518(formerly CrPC s. 472)

Continuing offences — BNSS s.518 (CrPC s.472)

BNSS s.518 (formerly CrPC s.472) says that in the case of a continuing offence, a fresh period of limitation begins to run at every moment of the time during which the offence continues.

So long as the state of affairs that is itself the offence continues, the clock keeps restarting — which means the calculation above does not apply to such an offence in the same way.

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BNSS s. 519(formerly CrPC s. 473)

Power to condone delay — BNSS s.519 (CrPC s.473)

Even after the period runs out, a court may condone the delay under BNSS s.519 (formerly CrPC s.473) in the interests of justice. An expired period does not automatically end the matter.

BNSS s.519 (formerly CrPC s.473) says that notwithstanding anything in the preceding provisions, any court may take cognizance of an offence after the expiry of the period of limitation if it is satisfied, on the facts and in the circumstances of the case, that the delay has been properly explained or that it is necessary to do so in the interests of justice.

This is not a narrow exception, and it lies in the court's discretion. So 'that period has passed', shown above, is not a declaration that a case is over — it says only that the question under BNSS s.519 (formerly CrPC s.473) now arises.

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BNSS sections 513 to 519 (CrPC 467 to 473)

BNSS ss.513–519, and the CrPC ss.467–473 they replaced, can both be read in this library in Hindi and English.

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