Bharatiya Nagarik Suraksha Sanhita, 2023
Section 515 BNSS - Commencement of Period of Limitation
Section 515 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) explains the point from which the limitation period begins for taking cognizance of certain offences. It forms part of Chapter XXXVIII, which deals with limitation for taking cognizance of certain offences.
What does Section 515 BNSS provide?
The section identifies three possible starting points for limitation, depending on when the offence and the offender become known. It also directs that the first day from which limitation is calculated is excluded from the computation.
Section 515 - Commencement of period of limitation
(1) The period of limitation, in relation to an offender, shall commence,-
(a) on the date of the offence; or
(b) 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; or
(c) 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.
(2) In computing the said period, the day from which such period is to be computed shall be excluded.
Meaning and practical effect of Section 515
- Known offence: if the offence is known when committed, limitation ordinarily starts on the date of the offence.
- Offence discovered later: if neither the aggrieved person nor a police officer knew that the offence had been committed, limitation begins on the first day the offence becomes known to either of them, whichever occurs earlier.
- Offender initially unknown: if the offence is known but the identity of the offender is not, limitation begins on the first day the offender's identity becomes known to the aggrieved person or the investigating police officer, whichever is earlier.
- First day excluded: the day on which the limitation period is said to commence is not counted when computing the period.
How Section 515 works with Section 514 BNSS
Section 513 defines the expression "period of limitation" by reference to Section 514. Section 514 prescribes the limitation periods for the specified categories of offences. Section 515 then determines the date from which that prescribed period is to begin running.
| Situation | Starting point under Section 515 |
|---|---|
| Offence and offender are known | Date of the offence, with that first day excluded while computing the period |
| Commission of offence was not known | First day the offence becomes known to the aggrieved person or a police officer, whichever is earlier |
| Identity of offender was not known | First day the offender's identity becomes known to the aggrieved person or investigating police officer, whichever is earlier |
Related provisions in Chapter XXXVIII
Section 515 should be read with the surrounding limitation provisions. Section 514 contains the bar to taking cognizance after expiry of limitation and specifies the relevant periods. Sections 516 and 517 deal with exclusion of time in specified situations, Section 518 deals with continuing offences, and Section 519 permits extension of limitation in certain cases.
Official text and legal reference
For authoritative reference, readers should consult the official text of the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs page on the new criminal laws.
Note: This page provides a general explanation of Section 515 BNSS. Application of limitation rules may depend on the facts, the offence involved, exclusions of time, continuing-offence principles, extension provisions and other applicable laws.