In Bharatiya Nagarik Suraksha Sanhita (BNSS), Sections 515 to 519 outline the provisions related to the commencement and exclusion of the period of limitation in a criminal case. In this article, we will be examining each of them with examples.
Section 515: Commencement of Period of Limitation
Section 515 of BNSS determines when the period of limitation begins in relation to an offender. It factors in the date of the offense, the date of obtaining knowledge about offense by the aggrieved person or police officer, and date of the identification of the offender.
For example, consider a case where a fraud offense occurs on January 1, 2023. The period of limitation begins on the date of the offense unless the aggrieved person discovers it later. In such a scenario, the limitation period starts from the date of discovery.
Section 516: Exclusion of Time in Certain Cases:
This section addresses the exclusion of time during the prosecution of another case against the offender, provided it relates to the same facts and is pursued in good faith. It also considers instances where prosecution is stayed by an injunction, notice of prosecution is given, or consent/sanction is required, excluding the relevant time.
For instance, imagine a situation where a person is diligently pursuing a prosecution against an offender for the same facts in a court that lacks jurisdiction. In such cases, the time spent prosecuting that case is excluded from the limitation period.
Section 517: Exclusion of Date on Which Court is Closed
In situations where the period of limitation ends on a day when the court is closed, Section 517 allows the court to take cognizance on the day it reopens. The section defines when a court is considered closed.
For example, if the limitation period expires on a public holiday when the court is closed, the court can consider the case on the next working day.
Section 518: Continuing Offence
Section 518 addresses continuing offenses, where a fresh period of limitation starts at every moment during which the offense persists.
For example, consider an environmental violation where pollution continues over an extended period. Each day of nuisance of pollution initiates a new limitation period, allowing authorities to address the ongoing harm.
Section 519: Extension of Period of Limitation in Certain Cases
Section 519 provides flexibility for a court to take cognizance of an offense even after the limitation period has expired. This can occur if the court is satisfied that the delay has been adequately explained or deems it necessary in the interests of justice.
For instance, if a victim delayed filing a complaint due to fear of retaliation by a powerful person, the court may extend the limitation period.
Let us now revisit the above article through some FAQs (Frequently Asked Questions).
1. What does Section 515 of BNSS determine?
- Section 515 of BNSS determines when the period of limitation begins in relation to an offender, taking into account the date of the offense, the knowledge of the offense by the aggrieved person or police officer, and the identification of the offender.
2. How does Section 516 address the exclusion of time in BNSS?
- Section 516 excludes time during the prosecution of another case against the offender if it relates to the same facts and is pursued in good faith. It also considers scenarios like injunctions, notice of prosecution, and consent/sanction requirements, excluding relevant time.
3. Under what circumstances does Section 517 of BNSS come into play?
- Section 517 comes into play when the period of limitation ends on a day when the court is closed. It allows the court to take cognizance on the day it reopens, defining when a court is considered closed.
4. What does Section 518 of BNSS address regarding offenses?
- Section 518 addresses continuing offenses, recognizing that a fresh period of limitation starts at every moment during which the offense persists. This is particularly relevant for offenses of an ongoing nature.
5. How does Section 519 of BNSS provide flexibility in certain cases?
- Section 519 provides the court with the flexibility to take cognizance of an offense even after the limitation period has expired. This can occur if the court is satisfied that the delay has been adequately explained or deems it necessary in the interests of justice.
6. Can you provide an example of when Section 518 might apply in a real-world scenario?
- Section 518 could apply to a case of environmental violation where pollution persists over an extended period. Each day of the nuisance of pollution initiates a new limitation period, allowing authorities to address the ongoing harm.
7. Under what circumstances might Section 519 be invoked to extend the limitation period?
- Section 519 could be invoked if the court is satisfied that the delay in filing a complaint has been adequately explained or deems it necessary in the interests of justice. For instance, if a victim delayed filing a complaint due to fear of retaliation by a powerful person.
Concept of limitation in taking cognizance under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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