Section 518 BNSS: Continuing offence (Formerly Section 472 CrPC)

Section 518 of Bharatiya Nagarik Suraksha Sanhita, 2023: Continuing offence

Official Bare Act Text

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

In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

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 518

Section 518 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 472 of the CrPC, 1973) establishes 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.

Continuing Offence Doctrine: 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.
Distinction Between Completed Act and Continuing State: A continuing offence is one where the injury or illegality continues de die in diem (e.g., unlawful industrial emissions, persistent encroachment, continuing failure to pay statutory provident fund).
Perpetual Limitation Window: Because limitation resets every moment, the bar of Section 514 does not apply while the unlawful state persists.

Key Landmark Precedents:

State of Bihar v. Deokaran Nenshi, (1972) 2 SCC 890: The Supreme Court formulated the classic test: a continuing offence is one which is susceptible of continuance and is distinguished from an offence which is committed once and for all; failure to file an annual mining return is not a continuing offence.
Gokak Patel Volkart Ltd. v. Dundayya Vithayya Hiremath, (1991) 2 SCC 141: Reaffirmed that an offence under company law or labor statutes continues until the statutory duty is performed, resetting limitation every moment under Section 472 CrPC.

Courtroom Practice & Strategic Litigation Guidance:

If the prosecution claims an offence is a 'continuing offence' to escape Section 514, cite Deokaran Nenshi to demonstrate that the statutory act (e.g., bouncing of cheque, filing of balance sheet) was complete on a fixed date and cannot be treated as a continuing offence.