Limitation for Taking Cognizance (ss.513–519 BNSS) — BNSS (Criminal Law II) Notes

Limitation for Taking Cognizance (ss.513–519 BNSS)

Old wounds should not reopen forever — so for minor offences the law sets a clock, and once it runs out the court cannot take cognizance. But for serious offences there is no clock at all. The whole topic is two traps: (1) grave offences have no limitation; (2) fine-only offences expire in just six months.

A. Periods of limitation (s.514 [s.468 CrPC])

No court shall take cognizance of an offence after the period of limitation, which is:

6 months — if the offence is punishable with fine only;
1 year — if punishable with imprisonment up to one year;
3 years — if punishable with imprisonment for more than one and up to three years.

There is NO limitation for offences punishable with imprisonment exceeding three years (so murder, rape, dacoity, etc. can be tried at any time).

B. Commencement and exclusion (ss.515–517 [ss.469–472 CrPC])

The period starts from the date of the offence, or from the date the offence came to the knowledge of the aggrieved/police, or from the date the offender’s identity is known. In computing the period, time spent bona fide in a court without jurisdiction and the day of a continuing offence are excluded/renewed.

C. Extension / condonation (ss.518–519 [ss.472–473 CrPC])

A court may take cognizance after the period if it is satisfied, on the facts, that the delay has been properly explained or that it is necessary in the interests of justice.

🧩 WORKED EXAMPLE — the “late” murder trial

Facts. A court takes cognizance of a murder many years after it was committed; the accused pleads that the case is barred by limitation.

Rule. Section 514 fixes limitation periods only for offences punishable up to three years; murder is punishable with death/life, so it carries no limitation.

Apply. The lapse of time is irrelevant; the court may take cognizance whenever the case comes. The decoy is that “a lot of time has passed” feels fatal.

Conclusion. The plea of limitation fails — grave offences have no time-bar. (Contrast a fine-only offence, barred after just six months.)

Section 514(2) BNSS: “The period of limitation shall be — (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.”

In Simple Terms: Six months for fine-only, one year for up-to-one-year, three years for up-to-three-year offences — and no limit at all beyond three years.

flowchart TD
    ROOT["Limitation for cognizance s.514"]:::root
    ROOT --> A["Fine only: 6 months"]:::leaf
    ROOT --> B["Up to 1 yr imprisonment: 1 year"]:::leaf
    ROOT --> C["1 to 3 yrs imprisonment: 3 years"]:::leaf
    ROOT --> D["Above 3 yrs: NO limitation"]:::sidebox
    ROOT --> E["Extension s.518: delay explained /<br/>interests of justice"]:::leaf
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    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
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Case Laws

State of Punjab v. Sarwan Singh (1981) — the object of limitation is to prevent stale prosecutions; a court cannot take cognizance of a time-barred offence without condonation.
Japani Sahoo v. Chandra Sekhar Mohanty (2007) — for limitation, the relevant date is the date of filing the complaint/initiating prosecution, not the date the Magistrate takes cognizance.

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