The Law’s Stopwatch

The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has introduced several reforms in India’s criminal procedure, including provisions related to the limitation for taking cognizance of certain offences. These provisions set a time frame within which a court can take cognizance of specific offences, ensuring timely prosecution and preventing undue delay in legal proceedings. By establishing clear limitations, the BNSS aims to uphold the principles of justice, fairness, and efficiency in the criminal justice system.

What is the definition of the period of limitation?

The period of limitation means the period specified for taking cognizance of an offence, as mentioned in the relevant provision.

Can a court take cognizance of an offence after the lapse of the period of limitation?

No, except as otherwise provided in the BNSS, no court shall take cognizance of an offence after the expiry of the period of limitation.

What is the period of limitation for different categories of offences?

The period of limitation is as follows:

• Six months, if the offence is punishable with a 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.

How is the period of limitation determined for offences that may be tried together?

The period of limitation is determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

What is the relevant date for computing the period of limitation?

The relevant date for computing the period of limitation is the date of filing a complaint under the relevant section or the date of recording information by the police.

What was held in the case of Sarah Mathew v. Institute of Cardio Vascular Diseases?

The Supreme Court held that the relevant date for computing the period of limitation is the date when a criminal complaint is filed or the date of institution of prosecution/criminal proceedings, and not the date when a Magistrate takes cognizance.

When does the period of limitation commence for an offence?

The period of limitation commences:

• On the date of the offence.
• If the commission of the offence was not known to the person aggrieved or any police officer, on the first day it comes to their knowledge, whichever is earlier.
• If it was not known who committed the offence, on the first day when the identity of the offender is known to the aggrieved person or the investigating police officer, whichever is earlier.

Is the day from which the period of limitation is computed included in the calculation?

No, the day from which the period of limitation is computed shall be excluded.

In what cases is time excluded when computing the period of limitation?

Time is excluded in the following cases:

• When a person is prosecuting with due diligence another case against the offender in a Court of first instance, appeal, or revision, but the court is unable to entertain it due to jurisdictional or similar issues.
• When the prosecution has been stayed by an injunction or order. In such cases, the period during which the injunction or order was in force, including the day on which it was issued and the day on which it was withdrawn, shall be excluded.
• When a notice of prosecution has been given, or prior consent or sanction from the Government or another authority is required for instituting prosecution, the time taken for such notice, consent, or sanction shall be excluded.
• When the offender has been absent from India or has concealed himself to avoid arrest.

How is the time required for obtaining consent or sanction from the Government or other authority computed?

The time required for obtaining consent or sanction is excluded, including the date on which the application was made and the date on which the order of the Government or other authority was received.

What happens if the period of limitation expires on a day when the court is closed?

If the period of limitation expires on a day when the court is closed, the court may take cognizance on the day it reopens.

How is a court determined to be closed for the purposes of limitation?

A court shall be deemed to be closed on any day if, during its normal working hours, it remains closed on that day.

What happens in the case of a continuing offence?

In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.

What is the meaning of a continuing offence?

A continuing offence is one that is susceptible to continuance and is distinguishable from an offence committed once and for all. It arises due to a failure to obey or comply with a rule or requirement, and liability continues until compliance is achieved.

What was held in the case of U.S. & Finance Co. v. Dy. Chief Officer, Reserve Bank of India?

It was held that a continuing offence is one that is susceptible to continuance and is different from an offence committed once and for all.

Can a court extend the period of limitation?

Yes, a court may take cognizance of an offence after the expiry of the period of limitation if it is satisfied that the delay has been properly explained or that it is necessary to do so in the interests of justice.

Therefore, the limitation for taking cognizance of certain offences under the Bharatiya Nagarik Suraksha Sanhita, 2023, serves as a crucial mechanism to prevent prolonged uncertainty in legal proceedings and safeguard the rights of the accused. By balancing the need for timely prosecution with the exceptions for delayed cognizance in specific cases, the BNSS reinforces judicial efficiency while ensuring that justice is not denied due to procedural constraints. As the new legal framework unfolds, its practical impact on law enforcement and the judiciary will determine the effectiveness of these limitations in streamlining India’s criminal justice system.

Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He tweets @muneebmalikrash.