Section 515 BNSS: Commencement of period of limitation (Formerly Section 469 CrPC)

Section 515 of Bharatiya Nagarik Suraksha Sanhita, 2023: Commencement of period of limitation

Official Bare Act Text

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

(1) The period of limitation, in relation to an offender, shall commence,—

(a) on the date of the offence; or

(b) where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or

(c) where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.

(2) In computing the said period, the day from which such period is to be computed shall be excluded.

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 515

Section 515 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 469 of the CrPC, 1973) specifies the exact point in time from which the period of limitation commences in criminal prosecutions.

Commencement Benchmarks: The period of limitation commences: (a) on the date of the offence; (b) where the commission was not known to the person aggrieved or police, on the first day on which such offence comes to the knowledge of such person or police; (c) where the identity of the offender is unknown, on the first day on which the identity becomes known.
Exclusion of First Day: In computing the period of limitation, the day from which such period is to be reckoned shall be excluded.
Statutory Precision: Prevents vague police assertions regarding discovery from extending limitation indefinitely.

Key Landmark Precedents:

Sarah Mathew v. Institute of Cardio Vascular Diseases, (2014) 2 SCC 62: The Constitution Bench affirmed that the starting point of limitation is governed strictly by Section 469 CrPC (Section 515 BNSS); the clock begins the day the victim or police discovers the offence or offender.
Vanka Radhamanohari v. Vanka Bapuji, (1993) 3 SCC 4: The Supreme Court held that in matrimonial cruelty cases, continuing acts of torture extend the starting point of limitation.

Courtroom Practice & Strategic Litigation Guidance:

If the prosecution claims the benefit of Section 515(1)(b) (delayed knowledge), cross-examine the complainant on prior complaints, RTI filings, and correspondence to prove they possessed knowledge of the facts long before the alleged discovery date.