Section 514 BNSS: Bar to taking cognizance after lapse of period of limitation (Formerly Section 468 CrPC)

Section 514 of Bharatiya Nagarik Suraksha Sanhita, 2023: Bar to taking cognizance after lapse of period of limitation

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) 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.

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

Explanation — —For the purpose of computing the period of limitation, the relevant date shall be the date of filing complaint under section 223 or the date of recording of information under section 173.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 514

Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 468 of the CrPC, 1973) establishes an absolute statutory bar against any Court taking cognizance of an offence after the lapse of the prescribed period of limitation.

Absolute Bar on Belated Cognizance: Except as otherwise provided elsewhere in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
Statutory Periods of Limitation: The period of limitation shall be: (a) six months, if punishable only with fine; (b) one year, if punishable with imprisonment up to one year; (c) three years, if punishable with imprisonment exceeding one year but not exceeding three years.
Exclusion of Higher Offences: No statutory limitation applies to offences punishable with imprisonment exceeding three years, life imprisonment, or death.
Joint Offences Principle: Where offences are tried together, the period of limitation is determined with reference to the offence punishable with the most severe punishment.

Key Landmark Precedents:

Sarah Mathew v. Institute of Cardio Vascular Diseases, (2014) 2 SCC 62: The Constitution Bench authoritatively settled that the relevant date for computing the period of limitation under Section 468 CrPC (Section 514 BNSS) is the date of filing of the complaint or date of institution of prosecution, NOT the date on which the Magistrate takes cognizance.
State of Punjab v. Sarwan Singh, (1981) 3 SCC 34: The Supreme Court held that taking cognizance after the expiry of the period of limitation without a formal order of condonation under Section 473 CrPC is an incurable illegality vitiating the conviction.
Arun Vyas v. Anita Vyas, (1999) 4 SCC 690: Held that the magistrate has a statutory duty to examine the bar of limitation under Section 468 CrPC at the time of taking cognizance.

Courtroom Practice & Strategic Litigation Guidance:

File an application for discharge or quashment under Section 514 whenever an FIR or private complaint under Section 138 NI Act, defamation, or simple hurt is filed beyond the statutory period, pointing out that Sarah Mathew fixes the date of filing as the benchmark.