Section 515 of BNSS, 2023 — Commencement of Period of Limitation

Introduction

Section 515 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains when the period of limitation begins for taking cognizance of an offence.

The provision is important because the limitation period does not always begin from the date on which the offence was committed. In certain situations, it begins from the date when the offence is discovered or when the identity of the offender becomes known.

Meaning of Section 515

Section 515 provides the rules for calculating the starting point of the limitation period.

The period of limitation generally begins:

1. On the date of commission of the offence.
2. Where the commission of the offence was not known, on the first day when the offence became known to the person aggrieved or to a police officer.
3. Where the identity of the offender was not known, on the first day when the identity of the offender became known to the person aggrieved or to the police officer investigating the offence.

The period of limitation is calculated from the relevant date according to the circumstances of the case.

Statutory Basis

Section 515 corresponds to Section 469 of the Code of Criminal Procedure, 1973.

It applies to the limitation provisions concerning the taking of cognizance of offences.

Object and Purpose

The main purposes of Section 515 are:

1. To provide a fair starting point for calculating limitation.
2. To prevent an accused person from benefiting from the concealment of an offence.
3. To protect victims who were unaware of the commission of the offence.
4. To account for situations where the offender’s identity was initially unknown.
5. To ensure that limitation rules are applied according to the actual facts of the case.

Essential Elements

1. Date of Commission of the Offence

Ordinarily, the limitation period begins on the date when the offence is committed.

For example, if an offence is committed on 1 January, the limitation period will generally begin from that date.

2. Discovery of the Offence

If the commission of the offence was not known to the person aggrieved or to the police officer, the limitation period begins from the date on which the offence first became known.

This rule applies where the offence was concealed or could not reasonably be discovered earlier.

3. Discovery of the Identity of the Offender

If the offence was known but the identity of the offender was not known, the limitation period begins from the date on which the identity of the offender becomes known.

The identity may become known either to:

• The person aggrieved; or
• The police officer investigating the offence.

4. Knowledge Must Be Relevant and Genuine

The date of knowledge must be determined from the facts of the case.

A vague suspicion may not always be treated as complete knowledge. The court must examine when the relevant facts became known to the concerned person or police officer.

5. Application to Continuing Offences

In the case of a continuing offence, a fresh period of limitation begins at every moment during which the offence continues.

Therefore, the limitation period may not be calculated only from the date when the unlawful conduct first started.

Procedure

The court generally follows these steps:

1. Identify the offence alleged.
2. Determine the limitation period applicable to that offence.
3. Find the date on which the offence was committed.
4. Examine whether the commission of the offence was known at that time.
5. If the offence was not known, determine the date of its discovery.
6. If the offender’s identity was unknown, determine the date on which the identity became known.
7. Calculate the limitation period from the appropriate date.
8. Examine whether cognizance was taken within the prescribed period.

Powers of the Court

The court may:

• Determine the date from which limitation begins.
• Examine when the offence was discovered.
• Examine when the identity of the offender became known.
• Consider the evidence relating to knowledge and discovery.
• Apply the special rule for continuing offences.
• Exclude the period that is legally permitted to be excluded under the BNSS.

Important Distinctions

Date of commission and date of discovery

The limitation period normally begins from the date of commission. However, where the offence was not known, it may begin from the date of discovery.

Knowledge of offence and knowledge of offender

Knowing that an offence has been committed is different from knowing who committed it. Section 515 separately recognises both situations.

Suspicion and knowledge

A mere suspicion may not always amount to knowledge. The court must determine whether the facts were sufficiently known to the concerned person or investigating police officer.

Ordinary offence and continuing offence

For an ordinary offence, limitation generally begins from the relevant date of commission or discovery. For a continuing offence, a fresh limitation period may begin at every moment during which the offence continues.

BNSS and CrPC

Section 515 of the BNSS corresponds to Section 469 of the CrPC, 1973.

The provision continues the rule that the limitation period must be calculated from the date of commission, discovery of the offence, or discovery of the offender’s identity, depending upon the facts of the case.

Common Confusions

Does limitation always begin from the date of commission?

No. If the offence was not known, limitation may begin from the date when it was first discovered.

What if the offence is known but the offender is unknown?

The limitation period may begin from the date when the identity of the offender becomes known.

Who must know about the offence?

The relevant knowledge may be with the person aggrieved or with the police officer investigating the offence.

Does every continuing offence receive unlimited time?

No. A continuing offence may give rise to a fresh period of limitation while the offence continues, but the applicable limitation rules still have to be followed.

Can the court decide the date of knowledge?

Yes. The court may examine the facts and evidence to determine the correct date of discovery or identification.

Topic at a Glance

• Section: 515, BNSS, 2023
• Subject: Commencement of period of limitation
• Corresponding provision: Section 469, CrPC, 1973
• Ordinary starting point: Date of commission of the offence
• Where offence was unknown: Date of discovery of the offence
• Where offender was unknown: Date of discovery of the offender’s identity
• Continuing offence: Fresh limitation period begins while the offence continues
• Main purpose: To ensure fair and correct calculation of limitation

Quick Revision

Section 515 BNSS explains when the limitation period begins. It generally starts from the date of commission of the offence. If the offence was not known, it begins from the date of discovery. If the offender’s identity was not known, it begins from the date when the identity becomes known. In continuing offences, a fresh period of limitation begins during the continuation of the offence.

ASLO READ: Section 514 – Bar to taking cognizance after lapse of period of limitation

Conclusion

Section 515 of the BNSS ensures that limitation is calculated fairly. It prevents the limitation period from running against a person who was unaware of the offence or the offender’s identity. At the same time, it provides a clear legal method for determining the starting point of limitation in different situations.