LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
CHAPTER XXXVIII
513. Definitions
514. Bar to taking cognizance after lapse of period of limitation
515. Commencement of period of limitation
516. Exclusion of time in certain cases
517. Exclusion of date on which Court is closed
518. Continuing offence
519. Extension of period of limitation in certain cases
CONTENTS
Based on Chapter XXXVIII (Limitation for Taking Cognizance of Certain Offences) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary examination questions covering Sections 513 to 519 with Answers in the end.
Chapter XXXVIII: Limitation for Taking Cognizance
Q1. According to Section 513, what does the term "period of limitation" specifically refer to in this chapter?
A) The time within which an investigation must be completed
B) The period specified in Section 514 for taking cognizance of an offence
C) The time allowed for filing an appeal against conviction
D) The duration an accused can be kept in judicial remand
Q2. Under Section 514(2)(a), what is the period of limitation for an offence punishable with fine only?
A) Three months
B) Six months
C) One year
D) No limitation
Q3. If an offence is punishable with imprisonment for a term not exceeding one year, what is the limitation period under Section 514(2)(b)?
A) Six months
B) One year
C) Two years
D) Three years
Q4. For an offence punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is:
A) One year
B) Three years
C) Five years
D) Seven years
Q5. According to the Explanation to Section 514, what is the "relevant date" for computing the period of limitation?
A) The date the Magistrate takes cognizance
B) The date the charge sheet is filed in Court
C) The date of filing the complaint or recording the information (FIR)
D) The date the accused is first produced before the Court
Q6. Under Section 515(1)(a), the period of limitation in relation to an offender normally commences on:
A) The date the FIR is registered
B) The date of the offence
C) The date the investigation is completed
D) The date the summons is issued
Q7. If the commission of an offence was not known to the person aggrieved or to any police officer, when does the limitation period commence?
A) On the date the offence was actually committed
B) On the day the offence comes to the knowledge of such person or police officer, whichever is earlier
C) One month after the discovery of the offence
D) Only after a forensic report confirms the offence
Q8. When it is unknown by whom an offence has been committed, the period of limitation commences on the first day on which:
A) The police identify a suspect
B) The identity of the offender is known to the aggrieved person or the police
C) The accused is arrested
D) The investigation is officially sanctioned
Q9. Section 516(1) provides that in computing limitation, the time during which a person has been prosecuting another proceeding shall be excluded if:
A) The proceeding relates to a civil matter
) The proceeding was prosecuted with due diligence in a Court which lacked jurisdiction
C) The accused requested the delay
D) The High Court has not yet decided the case
Q10. Is the period during which the institution of the prosecution has been stayed by an injunction or order excluded from the limitation period?
A) No, limitation continues to run
B) Yes, under Section 516(1)
C) Only if the stay lasted more than six months
D) Only in cases involving public property
Q11. Under Section 516(3), if the previous sanction of the Government is required for a prosecution, how is the period of limitation affected?
A) The time required for obtaining such sanction shall be excluded
B) The limitation period is doubled
C) The limitation starts only after the sanction is granted
D) Sanction requirements do not affect limitation
Q12. According to the Explanation to Section 516, which dates are excluded when calculating the time for obtaining Government consent or sanction?
A) Only the date of the final order
B) Both the date on which the application was made and the date of receipt of the order
C) Only the business days between application and receipt
D) No specific dates are excluded
Q13. The time during which an offender has been absent from India is excluded from the limitation period under which section?
A) Section 514
B) Section 515
C) Section 516(4)(a)
D) Section 517
Q14. If an offender avoids arrest by absconding or concealing himself, the period of such absconding is:
A) Included in the limitation period
B) Excluded from the limitation period under Section 516(4)(b)
C) Grounds for doubling the fine
D) Only excluded if a proclamation is issued
Q15. What is the rule under Section 517 if the period of limitation expires on a day when the Court is closed?
A) The prosecution is barred
B) The Court may take cognizance on the day the Court reopens
C) The limitation is extended by 30 days automatically
D) The complainant must file an affidavit for delay
Q16. For the purposes of Section 517, a Court is "deemed to be closed" if:
A) It is a public holiday
B) It remains closed during its normal working hours on that day
C) The Judge is on leave
D) The electricity in the building is disconnected
Q17. In the case of a "continuing offence" under Section 518, when does a fresh period of limitation begin to run?
A) At the first moment the offence is committed
B) At every moment of the time during which the offence continues
C) Only when the offence is discovered by the police
D) When the accused receives a notice to stop
Q18. Section 519 empowers a Court to take cognizance after the expiry of limitation if it is satisfied that:
A) The accused has a history of crime
B) The delay has been properly explained or it is necessary to do so in the interests of justice
C) The Public Prosecutor is very busy
D) The victim is a high-ranking official
Q19. (Case Law) According to the case law Sarah Mathew v. Institute of Cardio Vascular Diseases, the date for determining limitation is:
A) The date of the Magistrate's order
B) The date of the institution of prosecution/criminal proceedings
C) The date the accused appears in Court
D) The date the trial commences
Q20. Is there a period of limitation for an offence punishable with imprisonment for seven years?
A) Yes, three years
B) Yes, seven years
C) No, Chapter XXXVIII only specifies limitation for offences up to three years
D) Yes, ten years
Q21. Under Section 514(3), the limitation for an offence tried together with another offence is determined by:
A) The offence with the shorter punishment
B) The offence with the more severe punishment
C) The average of both punishments
D) The Magistrate's discretion
Q22. An offence under Section 280 of BNS is punishable by fine only. A complaint is filed 8 months after the offence. Is it barred?
A) No, fine-only cases have no limit
B) Yes, the limit is six months under Section 514(2)(a)
C) No, the limit is one year
D) Yes, because 90 days have passed
Q23. If a Magistrate takes cognizance of an offence after 4 years for a crime punishable with 2 years imprisonment, but the interests of justice require it, which section validates this?
A) Section 514
B) Section 516
C) Section 518
D) Section 519
Q24. (Statement Based) Regarding the commencement of limitation:
Statement I: It begins on the date the police report is submitted.
Statement II: It begins on the date of the offence.
A) Only I is correct
B) Only II is correct
C) Both are correct
D) Neither is correct
Q25. Which of the following is EXCLUDED while computing the period of limitation?
A) Sundays and public holidays
B) Time taken for the accused to hire an advocate
C) Time during which the offender has been absent from India
D) Time during which the complainant was on vacation
Q26. For a "continuing offence," as per case law, the liability continues until:
A) The police file a closure report
B) The rule or requirement is obeyed or complied with
C) The accused is acquitted
D) Three years have passed since the first act
Q27. The requirement to "properly explain" a delay for extension under Section 519 applies to:
A) Only the accused
B) Both the facts and circumstances of the case
C) Only the investigating officer
D) Only non-cognizable cases
Q28. If a sanction application was made on March 1st and the order was received on April 1st, how many days are excluded from the limitation?
A) 30 days
B) 31 days
C) 32 days (including both the day of application and receipt)
D) No days are excluded
Q29. What happens to the limitation if an offender hides in his own house to avoid arrest?
A) Limitation continues to run
B) Limitation is excluded as he is "concealing himself" under Section 516(4)(b)
C) The case is dismissed
D) The limitation is reduced by half
Q30. Chapter XXXVIII of the BNSS corresponds to which chapter of the old CrPC?
A) Chapter XXXII
B) Chapter XXXVI
C) Chapter XIV
D) Chapter XX
Answer Key
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B (S. 513)
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B (S. 514(2)(a))
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B (S. 514(2)(b))
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B (S. 514(2)(c))
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C (S. 514 Explanation)
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B (S. 515(1)(a))
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B (S. 515(1)(b))
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B (S. 515(1)(c))
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B (S. 516(1)-(2))
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B (S. 516(1))
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A (S. 516(3))
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B (S. 516 Explanation)
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C (S. 516(4)(a))
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B (S. 516(4)(b))
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B (S. 517)
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B (S. 517 Explanation)
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B (S. 518)
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B (S. 519)
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B (Sarah Mathew v. Institute of Cardio Vascular Diseases (2014) 2 SCC 62 states that the date relevant for the computation of the period of limitation is the "date when criminal complaint is filed or date of institution of prosecution/criminal proceedings," and specifically notes it is not the date when a court or Magistrate takes cognizance. This aligns perfectly with Option B. Additionally, the Explanation to Section 514 of the BNSS, 2023, reinforces this by stating that the "relevant date" is the date of filing the complaint or recording the information)
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C (S. 514(2) limit is only for offences up to 3 years)
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B (S. 514(3))
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B (S. 514(2)(a))
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D (S. 519)
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B (S. 515(1))
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C (S. 516(4))
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B
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B (S. 519)
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C (S. 516 Explanation)
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B (S. 516(4)(b))
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B (Ref: 786)
Chapter XXXVIII – Statement & Problem-Based Prelims Questions
Based on Chapter XXXVIII (Limitation for Taking Cognizance of Certain Offences) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 20 statement and problem-based preliminary examination questions.
Q1. Consider the following statements regarding the definition of "period of limitation" under Section 513:
Statement I: It refers to the time within which a police officer must complete an investigation after registering an FIR.
Statement II: It means the period specified in Section 514 for taking cognizance of an offence.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q2. Problem: 'A' commits an offence punishable with fine only on January 1, 2024. What is the period of limitation for a Court to take cognizance of this offence under Section 514?
A) Three months
B) Six months
C) One year
D) There is no limitation for fine-only cases
Q3. Regarding offences punishable with imprisonment, consider Section 514(2):
Statement I: If the offence is punishable with imprisonment for a term not exceeding one year, the limitation is one year.
Statement II: If the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation is three years.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q4. Problem: A person is charged with two offences in one trial. One is punishable with 6 months imprisonment and the other with 2 years. According to Section 514(3), the period of limitation shall be determined with reference to:
A) The offence punishable with the lesser punishment
B) Both offences separately
C) The offence punishable with the more severe punishment
D) The average of the two punishments
Q5. Evaluate the following statement regarding the "relevant date" for computing limitation under the Explanation to Section 514:
Statement: For the purpose of computing the period of limitation, the relevant date is the date on which the Magistrate actually passes the order of taking cognizance.
A) True
B) False, it is the date of filing the complaint or recording the information
C) True, but only for complaint cases
D) False, it is the date of the commission of the offence
Q6. Under Section 515(1), when does the period of limitation normally commence?
A) On the date of the offence
B) On the date the police report is submitted to the Magistrate
C) On the date the accused is arrested
D) On the date the investigation is completed
Q7. Problem: An offence is committed on February 1st, but it is not known to the aggrieved person or the police until March 15th. When does the limitation period commence under Section 515(1)(b)?
A) February 1st
B) March 1st
C) March 15th
D) The date the offender is identified
Q8. Problem: The commission of an offence is known, but the identity of the offender is discovered by the police three months later. When does the limitation period in relation to that offender commence?
A) From the date of the offence
B) From the first day on which the identity of the offender is known to the aggrieved person or to the police, whichever is earlier
C) From the date the FIR was registered
D) From the date the accused is first interrogated
Q9. Consider the exclusion of time under Section 516(1):
Statement I: The time during which a person has been prosecuting another prosecution in a Court which, from defect of jurisdiction, was unable to entertain it, shall be excluded.
Statement II: This exclusion only applies if the previous prosecution relates to the same facts and was prosecuted in good faith.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q10. Regarding stays and injunctions under Section 516(1):
Statement: In computing the period of limitation, the period during which the institution of the prosecution has been stayed by an injunction or order shall be included in the total time.
A) True
B) False, it shall be excluded
C) True, unless the stay is for more than one year
D) False, it is only excluded if the High Court orders the stay
Q11. Problem: A prosecution requires the previous sanction of the Central Government. Under Section 516(3), the time required for obtaining such sanction shall be excluded. According to the Explanation, how is this time calculated?
A) From the date of the offence until the date the trial starts
B) From the date the application for sanction is made to the date of the receipt of the order of the Government
C) Only the business days during which the Government processed the file
D) It is a fixed period of 90 days regardless of actual time taken
Q12. Under Section 516(4), which of the following periods shall be excluded?
A) The time during which the offender has been absent from India
B) The time during which the offender has been avoiding arrest by absconding or concealing himself
C) Both A and B
D) Neither A nor B
Q13. Problem: The limitation period for an offence expires on a Sunday when the Court is closed. Under Section 517, the Court may take cognizance:
A) On the preceding Friday
B) On the day on which the Court reopens
C) Only if the complainant filed an extension application 30 days prior
D) The prosecution is barred as the clock does not stop for holidays
Q14. Evaluate the following statement regarding "continuing offences" under Section 518:
Statement: 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.
A) True
B) False, it begins only once at the first act
C) True, but only for a maximum of three years
D) False, continuing offences have no limitation period
Q15. Under Section 519, a Court may take cognizance after the expiry of the period of limitation if it is satisfied that:
A) The delay has been properly explained
B) It is necessary to do so in the interests of justice
C) Both A and B
D) Only if the accused consents to the delay
Q16. Analysis: Based on the categories in Section 514(2), is there a limitation period for taking cognizance of a murder charge (punishable with death or life imprisonment)?
A) Yes, 3 years
B) Yes, 10 years
C) No, Chapter XXXVIII only specifies limitation for offences punishable with fine only or imprisonment up to 3 years
D) Yes, it is double the period provided for 3-year offences
Q17. Problem: A Magistrate takes cognizance of an offence 4 years after its commission. The maximum punishment for the offence is 2 years. Is the Magistrate's action legal?
A) No, Section 514(2)(c) creates an absolute bar after 3 years
B) Yes, if the Court exercises its power under Section 519 to extend the period in the interests of justice
C) Yes, because Section 514 only applies to summary trials
D) No, unless the State Government issued a specific notification for that case
Q18. Consider the case law note regarding Sarah Mathew v. Institute of Cardio Vascular Diseases:
Statement: The relevant date for determining limitation is the date of the institution of prosecution/criminal proceedings, not the date on which a Court takes cognizance.
A) True
B) False, the source states cognizance date is paramount
C) True, but this was overturned by BNSS 2023
D) False, the date of arrest is the only relevant date
Q19. According to the case law note on "Continuing offence," what is the primary characteristic of such an offence?
A) It is committed once and for all
B) It arises out of a failure to obey a rule or requirement, and the liability continues until the rule is complied with
C) It must involve at least three distinct acts
D) It can only be prosecuted by the Central Government
Q20. Regarding the computation of the exclusion for Government sanction under Section 516:
Statement: Both the day on which the application was made and the day on which the order of the Government was received shall be excluded.
A) True
B) False, only the day of application is excluded
C) False, only the day of receipt is excluded
D) True, but only if the period exceeds 30 days
Answer Key – Chapter XXXVIII Statement & Problem-Based Prelims
Q1 – B
Q2 – B
Q3 – C
Q4 – C
Q5 – B
Q6 – A
Q7 – C
Q8 – B
Q9 – C
Q10 – B
Q11 – B
Q12 – C
Q13 – B
Q14 – A
Q15 – C
Q16 – C
Q17 – B
Q18 – A
Q19 – B
Q20 – A
One-Line Revision Reckoner for Chapter XXXVIII
This "Limitation master-sheet" provides a quick, accurate, and comprehensive ready reckoner for Chapter XXXVIII (Sections 513–519) of the BNSS, 2023. This chapter sets the "judicial clock" for taking cognizance of relatively less serious offences.
1. The Statutory Limitation Periods (Section 514)
Except as otherwise provided, no Court shall take cognizance of an offence after the expiry of the following periods:
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Six Months: If the offence is punishable with fine only.
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One Year: If the offence is punishable with imprisonment for a term not exceeding one year.
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Three Years: If the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
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Serious Offences: There is no period of limitation specified in this chapter for offences punishable with imprisonment exceeding three years (e.g., murder, rape, or dacoity).
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Multiple Offences: If a person is tried for several offences together, the limitation is determined by the offence carrying the more severe punishment.
2. Defining the "Relevant Date" (Section 514 Explanation)
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The Rule: For computing limitation, the "relevant date" is the date of filing the complaint (under Section 223) or the date of recording the information (FIR under Section 173).
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Judicial Nuance: Cognizance is tied to the institution of the prosecution, not the date on which a Magistrate actually passes an order taking cognizance.
3. Commencement of the Clock (Section 515)
The period of limitation normally begins on the date of the offence. However:
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Discovery of Offence: If the offence was unknown, the clock starts the day it comes to the knowledge of the aggrieved person or a police officer, whichever is earlier.
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Discovery of Offender: If the offender’s identity is unknown, the clock starts the first day the identity is known to the aggrieved person or the police.
4. Mandatory Exclusions of Time (Section 516)
The following periods must be subtracted from the total time elapsed:
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Government Sanction: The time taken to obtain mandatory previous consent or sanction.
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Note: Both the day of application and the day the order is received are excluded.
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Absence/Absconding: Any time during which the offender has been absent from India or has avoided arrest by absconding or concealing himself.
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Legal Stays: Any period during which the prosecution was stayed by an injunction or order.
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Wrong Forum: Time spent prosecuting a case with due diligence in a Court that lacked jurisdiction.
5. Special Circumstances (Sections 517–518)
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Court Holidays: If the limitation expires on a day the Court is closed (including during normal working hours), cognizance may be taken on the day it reopens.
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Continuing Offences: For offences that are susceptible to continuance (e.g., failure to comply with a standing rule), a fresh period of limitation begins at every moment the offence continues.
6. The "Interests of Justice" Override (Section 519)
A Court retains the discretionary power to take cognizance after the expiry of the limitation period if:
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The delay has been properly explained; OR
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It is necessary to do so in the interests of justice.
Quick Revision Tip:
"The institution rule" Under the BNSS and settled case law (Sarah Mathew), the limitation clock stops the moment the victim or police sets the law in motion (filing the FIR/Complaint), even if the Magistrate takes months to formally process the papers and "take cognizance".