Introduction
Section 518 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the commencement of the period of limitation in the case of a continuing offence.
It provides that a fresh period of limitation begins at every moment during which the offence continues.
Meaning of Section 518
A continuing offence is an offence that continues from day to day or from moment to moment. The wrongful act or omission does not end at one particular point of time.
Under Section 518, a fresh limitation period begins at every moment during which the offence continues.
Therefore, the limitation period does not run only from the date when the offence first started.
Statutory Basis
Section 518 corresponds to Section 472 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 518 are:
- To recognise the continuing nature of certain offences.
- To prevent offenders from gaining protection through the passage of time while the offence continues.
- To ensure that the limitation period remains connected with the continuing wrongful conduct.
- To protect the rights of persons affected by continuing offences.
- To provide a fair rule for calculating limitation.
Essential Elements
1. There must be a continuing offence
The offence must involve a continuing unlawful act or omission.
The wrongful conduct must continue over a period of time rather than being completed at one specific moment.
2. The offence must remain in existence
The offence must continue during the relevant period.
Once the offence comes to an end, the special rule under Section 518 will no longer apply.
3. A fresh period of limitation begins
A new period of limitation begins at every moment during which the offence continues.
This means that the limitation period is repeatedly renewed while the offence remains continuing.
4. The nature of the offence is important
Not every offence that causes continuing consequences is a continuing offence.
The offence must be continuing by its nature or by the legal duty imposed upon the accused.
5. The provision applies to limitation
Section 518 concerns the calculation of limitation for taking cognizance. It does not itself create a new offence or increase the punishment.
Examples of Continuing Offences
Examples may include offences involving:
- Continuing unlawful possession where the law treats the possession as an ongoing offence.
- Failure to comply with a continuing statutory duty.
- Continuing disobedience of a lawful order.
- Maintaining an unlawful condition where the offence continues until the condition is removed.
The exact classification depends upon the wording of the relevant penal provision and the facts of the case.
Procedure
The court generally follows these steps:
- Identify the offence alleged.
- Examine whether the offence is continuing in nature.
- Determine when the unlawful conduct began.
- Determine whether the conduct continued during the relevant period.
- Apply the rule that a fresh limitation period begins while the offence continues.
- Calculate the limitation period from the relevant continuing date.
- Examine whether cognizance was taken within the applicable period.
Powers of the Court
The court may:
- Determine whether an offence is continuing.
- Examine the nature of the legal duty or unlawful conduct.
- Identify the period during which the offence continued.
- Apply a fresh limitation period while the offence remains continuing.
- Decide whether cognizance was taken within time.
Important Distinctions
Continuing offence and completed offence
A completed offence takes place at a particular point of time. A continuing offence continues over a period, and a fresh limitation period begins during its continuation.
Continuing offence and continuing effect
An offence does not become continuing merely because its effects continue.
For example, an offence completed on a particular date may continue to cause harm, but that does not automatically make it a continuing offence.
Continuing offence and repeated offences
Repeated offences involve separate acts committed at different times. A continuing offence involves the continuation of the same unlawful conduct or omission.
Limitation and punishment
Section 518 affects the calculation of limitation. It does not alter the punishment prescribed for the offence.
BNSS and CrPC
Section 518 of the BNSS corresponds to Section 472 of the CrPC, 1973.
The provision continues the rule that a fresh period of limitation begins at every moment during which a continuing offence continues.
Common Confusions
Does every offence causing continuing harm become a continuing offence?
No. Continuing harm is different from a continuing offence. The legal nature of the offence must be examined.
Does limitation begin only once?
No. In a continuing offence, a fresh limitation period begins at every moment during which the offence continues.
Does the provision apply after the offence has ended?
No. Once the continuing offence comes to an end, the special rule under Section 518 no longer applies.
Does Section 518 create unlimited time for every offence?
No. It applies only to offences that are legally continuing in nature.
Can the court decide whether an offence is continuing?
Yes. The court may examine the statutory provision and the facts to determine whether the offence continued over time.
Topic at a Glance
- Section: 518, BNSS, 2023
- Subject: Continuing offence
- Corresponding provision: Section 472, CrPC, 1973
- Main principle: A fresh limitation period begins at every moment during which the offence continues
- Important condition: The offence must be continuing by its legal nature
- Purpose: To ensure fair calculation of limitation for continuing offences
Quick Revision
Section 518 BNSS provides that in the case of a continuing offence, a fresh period of limitation begins at every moment during which the offence continues. The provision applies only where the offence is continuing in nature and not merely because its effects continue.
ALSO READ: Section 517 – Exclusion of date on which Court is closed
Conclusion
Section 518 of the BNSS ensures that limitation law does not unfairly protect a person who continues to commit an offence. By providing a fresh limitation period during the continuation of the offence, it allows criminal proceedings to be initiated within the legally permissible period.
