Introduction

• Chapter XXXVII of the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) deals with the provisions relating to limitation for taking cognizance of certain Offences.
• It imposes certain restrictions on the power of the magistrate.
• Sections 513 to 519 of BNSS deal with the provisions related to limitation for taking cognizance of certain offences.

What is Cognizance?

• The word cognizance has been derived from the Latin word “Cognosis” which means to know.
• This word has not been defined under BNSS, but the meaning of cognizance has been derived from the number of precedents and judicial pronouncements.
• Cognizance means knowledge or notice and taking cognizance of offence means taking notice or becoming aware of the commission of offence.

What are the Provisions for Limitation for Taking Cognizance of Certain Offences?

• Definition (Section 513):
  • It states that ‘period of limitation’ means the period specified under Section 514 of BNSS for taking cognizance
• Bar to taking Cognizance after Lapse of Period of Limitation (Section 514):
  • Sub section (1) states that no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
  • Sub section (2) states that the period of limitation shall be:
    • Six months, if the offence is punishable with fine only.
    • One year, if the offence is punishable with imprisonment for a term not exceeding one year.
    • Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
  • Sub section (3) states that the offences which shall be tried together the period of limitation shall be decided based on the offence which has the most severe punishment.
  • This section is further accompanied with an explanation that 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 of BNSS.
• Commencement of Period of Limitation (Section 515):
  • Sub section (1) states that the period of limitation for an offender shall commence:
    • On the date of the offence.
    • Where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier.
    • Where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.
  • Sub section (2) states that the day on which the period is to be computed shall be excluded for computing the period.
• Exclusion of Time in Certain Cases (Section 516):
  • Sub section (1) states that to compute the period of limitation the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded.
  • Sub section (2) states that where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
  • Sub section (3) states that Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.
    • This has further explanation as in computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.
  • Sub section (4) states that for computing the period of limitation the time during which the offender:
    • Has been absent from India or from any territory outside India which is under the administration of the Central Government or
    • Has avoided arrest by absconding or concealing himself,
    • Shall be excluded.
• Exclusion of Date on which Court is Closed (Section 517):
  • This section states that where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.
  • A further explanation is given as a Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day
• Continuing Offence (Section 518):
  • This section states that a fresh period of limitation shall begin at every moment during which the offence continues.
• Extension of Period of Limitation in Certain cases (Section 519):
  • Any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.

Landmark Judgements

• Nirmal Kanti Roy v. State of West Bengal (1998):
  • The Supreme Court in this case held that Section 468 of the Code of Criminal Procedure, 1973 (CrPC) shall not be applicable to an offence under Section 7 (1) (A) (ii) of Essential Commodities Act, 1955.
• State of Rajasthan v. Sanjay Kumar (1998):
  • In this case the Court held that the limitation period will not commence from the date when the sample was taken but from the date when the report of Public Analysts was received in case of adulteration.

Conclusion

It is important to bring a suit within the specified period as with the passage of time it becomes difficult to gather evidence as there is a high chance of deterioration of evidence. With the enactment of Chapter XXXVIII, it has set a limit to bring the suit, and it helps to prevent unnecessary delay.