Section 468 CrPC: Bar to taking cognizance after lapse of the period of limitation

Code of Criminal Procedure, 1973

Section 468 CrPC at a Glance

Section 468 CrPC deals with bar to taking cognizance after lapse of the period of limitation. From 1 July 2024 it is replaced by Section 514 BNSS.

Now BNSS

Section 514 →

What Section 468 CrPC Says

468. Bar to taking cognizance after lapse of the period of limitation
(1) Except as otherwise provided elsewhere in this Code, 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.

Source: Section 468, Code of Criminal Procedure, 1973

Section 468 CrPC in Simple Words

Section 468 of the Code of Criminal Procedure, 1973 sets fixed deadlines for courts to take cognizance of specified categories of offences. Unless another provision elsewhere in the Code provides otherwise, no court shall take cognizance of an offence listed in Section 468(2) CrPC after its period of limitation has expired.

The provision fixes periods of six months, one year, or three years depending on whether the offence is punishable with fine only or with imprisonment for a term not exceeding three years. Where offences may be tried together, the limitation period is determined by the offence punishable with the more severe or most severe punishment.

When Section 468 CrPC Applies

A court shall not take cognizance of an offence belonging to a category in Section 468(2) of the Code of Criminal Procedure, 1973 once the period of limitation has expired.
The bar in Section 468(1) CrPC applies except as otherwise provided elsewhere in the Code.
The limitation bar in Section 468 CrPC applies only 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 multiple offences may be tried together, the court shall determine the period of limitation under Section 468(3) CrPC by reference to the offence punishable with the more severe punishment or the most severe punishment.

Time Limits Under Section 468 CrPC

A period of limitation of six months under Section 468(2)(a) of the Code of Criminal Procedure, 1973 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 468(2)(b) CrPC 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 468(2)(c) CrPC 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 468 CrPC

Ramesh alleges that Suresh committed an offence punishable with fine only and another offence punishable with imprisonment for a term exceeding one year but not exceeding three years, where the offences may be tried together. The matter is brought before the court after one year, and Suresh argues that the period of six months for the offence punishable with fine only has expired. Under Section 468(3) of the Code of Criminal Procedure, 1973, for offences which may be tried together, the period of limitation shall be determined with reference to the offence punishable with the more severe punishment. Under Section 468(2)(c) CrPC, that period is three years, so Section 468(1) CrPC does not bar the court from taking cognizance.

When Section 468 CrPC Does Not Apply

Section 468 CrPC does not set 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 468(2) CrPC.

Section 468 CrPC Under BNSS 514: What Changed

Section 468 CrPC is now covered under Section 514 BNSS.

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.

View detailed comparison (CrPC 468 vs BNSS 514) →

FAQs on Section 468 CrPC

What are the periods of limitation for taking cognizance under Section 468 CrPC?▼

Section 468(2) of the Code of Criminal Procedure, 1973 prescribes three periods of limitation based on the punishment 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.

How is the period of limitation determined under Section 468 CrPC when offences may be tried together?▼

When multiple offences may be tried together, Section 468(3) of the Code of Criminal Procedure, 1973 provides a single rule for determining the limitation period. The period of limitation in relation to those offences 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 among the offences to be tried together.

Does Section 468 CrPC bar cognizance for offences punishable with imprisonment exceeding three years?▼

No, Section 468(1) of the Code of Criminal Procedure, 1973 bars a court from taking cognizance after the expiry of the period of limitation only for an offence of the category specified in Section 468(2) CrPC. Because Section 468(2) CrPC specifies periods only for offences punishable with fine only, imprisonment not exceeding one year, and imprisonment exceeding one year but not exceeding three years, offences punishable with imprisonment exceeding three years fall outside Section 468 CrPC.

Where is Section 468 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. From 1 July 2024, the provision corresponding to Section 468 CrPC is found in Section 514 BNSS. Section 468(1) CrPC corresponds to Section 514(1) BNSS, Section 468(2) CrPC corresponds to Section 514(2) BNSS, and Section 468(3) CrPC corresponds to Section 514(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·