Section 514 BNSS: Bar to taking cognizance after lapse of period of limitation

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 514 BNSS at a Glance

Section 514 BNSS deals with bar to taking cognizance after lapse of period of limitation. It replaced Section 468 CrPC on 1 July 2024.

Was CrPC

Section 468 →

Section 514 BNSS Bare Act Text

(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be—

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

Explanation.

For the purpose of computing the period of limitation, the relevant date shall be the date of filing complaint under section 223 or the date of recording of information under section 173.

Source: Section 514, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 514 BNSS in Simple Words

Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023 bars courts from taking cognizance of specified categories of offences after the period of limitation has expired, unless another provision in the Sanhita provides otherwise. It sets limitation periods of six months, one year, or three years for offences punishable with fine only or with imprisonment for a term not exceeding three years.

For offences that may be tried together, the period is determined by the offence carrying the more severe or most severe punishment. For computing limitation, the relevant date is the date of filing a complaint under Section 223 BNSS or recording information under Section 173 BNSS.

When Section 514 BNSS Applies

  • A court shall not take cognizance of an offence belonging to a category in Section 514(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 after the period of limitation has expired.
  • The bar against taking cognizance in Section 514(1) BNSS applies except where another provision in the Sanhita provides otherwise.
  • The limitation periods in Section 514(2) BNSS apply where the offence is punishable with fine only, with imprisonment for a term not exceeding one year, or with imprisonment for a term exceeding one year but not exceeding three years.
  • Where offences may be tried together, the court shall determine the period of limitation under Section 514(3) BNSS with reference to the offence punishable with the more severe punishment or the most severe punishment.
  • When computing the period of limitation under the Explanation to Section 514 BNSS, the relevant date shall be the date of filing a complaint under Section 223 BNSS or the date of recording information under Section 173 BNSS.

Time Limits Under Section 514 BNSS

  • A period of limitation of six months under Section 514(2)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023 limits when a court may take cognizance of an offence punishable with fine only.Act text: “six months, if the offence is punishable with fine only”
  • A period of limitation of one year under Section 514(2)(b) BNSS limits when a court may take cognizance of an offence punishable with imprisonment for a term not exceeding one year.Act text: “one year, if the offence is punishable with imprisonment for a term not exceeding one year”
  • A period of limitation of three years under Section 514(2)(c) BNSS limits when a court may take cognizance of an offence punishable with imprisonment for a term exceeding one year but not exceeding three years.Act text: “three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years”

Example of Section 514 BNSS

Meera files a complaint under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 against Vikram for an offence punishable with imprisonment for a term not exceeding one year. Under Section 514(2)(b) BNSS, the period of limitation for the offence is one year. Meera files the complaint before one year expires, but the court considers taking cognizance after one year has elapsed. Vikram contends that Section 514(1) BNSS bars cognizance after the expiry of one year. Under the Explanation to Section 514 BNSS, for computing the period of limitation, the relevant date shall be the date of filing the complaint under Section 223 BNSS, so cognizance is not barred.

When Section 514 BNSS Does Not Apply

  • Section 514 BNSS does not prescribe a period of limitation for an offence punishable with imprisonment for a term exceeding three years, because such an offence is outside the categories in Section 514(2) BNSS.

Section 514 BNSS in the CrPC (Previous Law)

Section 514 BNSS replaced Section 468 CrPC from 1 July 2024.

From 1 July 2024, Section 468 of the Code of Criminal Procedure, 1973 is found in Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The renumbering and the wording update in Section 514(1) BNSS omitting elsewhere and replacing reference to the Code with the Sanhita are changes of form. The rules in Section 514(2) BNSS and Section 514(3) BNSS are unchanged. Section 514 BNSS adds a new Explanation with no source in Section 468 CrPC, fixing the relevant date for computing limitation as the date of filing a complaint under Section 223 BNSS or recording information under Section 173 BNSS.

Each sub-section below names its own source.

FAQs on Section 514 BNSS

What are the periods of limitation for taking cognizance under Section 514 BNSS?▼

Section 514(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 fixes three periods of limitation according to the punishment prescribed for the offence. The period of limitation is six months if the offence is punishable with fine only. It is one year if the offence is punishable with imprisonment for a term not exceeding one year. It is three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

Which date is used to compute the period of limitation under Section 514 BNSS?▼

Under the Explanation to Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for the purpose of computing the period of limitation, the relevant date shall be the date of filing a complaint under Section 223 BNSS or the date of recording of information under Section 173 BNSS. The computation of the limitation period fixed in Section 514(2) BNSS is governed by these specified dates.

How is limitation determined under Section 514 BNSS when offences may be tried together?▼

Under Section 514(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, where multiple offences may be tried together, the period of limitation shall be determined with reference to the offence that is punishable with the more severe punishment, or as the case may be, the most severe punishment. A separate shorter limitation period does not bar cognizance of a less severe offence tried together with a more severe offence.

What changed from Section 468 CrPC to Section 514 BNSS from 1 July 2024?▼

Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 468 of the Code of Criminal Procedure, 1973 from 1 July 2024. The limitation periods in Section 514(2) BNSS and the rule in Section 514(3) BNSS are unchanged from Section 468(2) CrPC and Section 468(3) CrPC. Section 514(1) BNSS makes a change of form by omitting elsewhere and referring to the Sanhita instead of the Code, while Section 514 BNSS adds a new Explanation fixing the relevant date for computing limitation by reference to Section 223 BNSS or Section 173 BNSS.

Section 514 BNSS: Sub-sections Explained

Section 514(1) BNSS: Bar to taking cognizance after lapse of the period of limitation

▶

Bare Act Text

(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

Previous Law

CrPC 468 → Section 514(1) BNSS

Section 514(2) BNSS: Bar to taking cognizance after lapse of the period of limitation

▶

Bare Act Text

(2) The period of limitation shall be—

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

Previous Law

CrPC 468(2) → Section 514(2) BNSS

Section 514(3) BNSS: Bar to taking cognizance after lapse of the period of limitation

▶

Bare Act Text

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

Explanation.

For the purpose of computing the period of limitation, the relevant date shall be the date of filing complaint under section 223 or the date of recording of information under section 173.

Previous Law

CrPC 468(3) → Section 514(3) BNSS

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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·