Commencement of period of limitation
Section 515 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with commencement of period of limitation. The period of limitation, in relation to an offender, shall commence,--- (a) on the date of the offence; The Act came into force on 01 Jul 2024.
(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.
Section 515, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 469 Commencement of the period of limitation Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Udai Shankar Awasthi vs State of U. P
Decided under Code of Criminal Procedure 469, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Where a criminal complaint is filed many years after an alleged instantaneous offence (not a continuing offence), beyond the prescribed limitation period under Section 468 CrPC, without plausible explanation for delay, by a litigant who has exhausted all civil and arbitral remedies and lost therein, and where earlier complaints on substantially identical facts have been dismissed on merits, and where material facts such as earlier dismissals have been suppressed, the complaint constitutes an abuse of the process of court and is liable to be quashed under Section 482 CrPC, regardless of the gravity of the alleged offence or the availability in law to prosecute crimes after long periods. The court must protect innocent persons from harassment by unscrupulous litigants who seek to weaponize criminal proceedings as a tool for vengeance after civil defeat.
On this section: Prescribes when the period of limitation begins to run. For instantaneous offences, limitation commences on the date of the offence. Applied to establish that limitation began on 15.10.2001 when the representation was rejected.
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K. L. Singh vs State of up
Decided under Code of Criminal Procedure 469, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Criminal proceedings for offences alleged to have occurred in 1996, with the claim for damages being rejected in 2001 and communicated thereafter, cannot be initiated in 2011 (more than 9 years after rejection). The alleged offence of misappropriation/criminal breach of trust constitutes an instantaneous offence, not a continuing offence. The injury caused was complete on the date of rejection of the claim. Successive complaints on identical facts filed by frustrated litigants who have failed in civil and arbitration proceedings, after full consideration and dismissal of earlier complaints on merit, constitute abuse of process and are not maintainable under law. The courts must protect innocent persons from being harassed by unscrupulous persons through frivolous criminal complaints.
On this section: When the period of limitation begins. For instantaneous offences, the period commences on the date of offence. Court applied this to hold that the date of rejection of claim (October 15, 2001) was the operative date.
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Ashok Kumar Mittal vs Sat Kamal Pathak
Decided under Code of Criminal Procedure 469, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When a complaint for perjury and false prosecution is filed after a malicious FIR has been quashed by the High Court, the limitation period for such complaint should be computed from the date of quashing of the FIR, not from the date of its registration. The cause of action arises when the false allegations are judicially determined to be baseless. Additionally, when multiple offences are charged together, the limitation period is determined with reference to the offence punishable with the most severe punishment, and the trial court must consider the substantive merits of the complaint before dismissing it on limitation grounds alone.
On this section: Period of limitation commences from date of offence or, if commission was not known, from first day offence comes to knowledge of aggrieved person or police officer, whichever is earlier.
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Anand Singh vs Prem Singh
Decided under Code of Criminal Procedure 469, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The bar of limitation prescribed under Section 468 CrPC is mandatory and applies to defamation offences. A court cannot take cognizance of a defamation offence after the expiry of three years from the date of the offence. The petitioner is entitled to the benefit of this limitation bar, and the revisional court erred in ignoring this bar and passing a summoning order. Additionally, a revisional court must issue notice to the petitioner before passing an adverse order, as required by the principles of natural justice.
On this section: Period of limitation; the court applied clause (a) of sub-section (1) to determine that the limitation period commences on the date of the offence
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Somesh Shokeen vs State Govt. of Nct of Delhi
Decided under Code of Criminal Procedure 469, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The period of limitation prescribed under Section 468 CrPC for taking cognizance of certain offences applies to the date of filing the complaint or institution of prosecution/criminal proceedings, and not to the date when the court or Magistrate takes cognizance. A complaint filed within the period of limitation cannot be rendered infructuous or defeated by delay in court proceedings beyond the control of the complainant, as this would violate the principle 'actus curiae neminem gravabit' (an act of the court shall prejudice no man). The limitation period commences from the date of the offence or the date when the offence is detected, as specified in Section 469 CrPC, and the court's act of taking cognizance is not subject to a separate limitation period.
On this section: Specifies when the period of limitation commences - either from the date of the offence or from the date when the offence is detected.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 515
What have the courts held on Section 515 of the Bharatiya Nagarik Suraksha Sanhita?
Udai Shankar Awasthi vs State of U. P (09 Jan 2013) is the leading judgment on this section among those set out below, though it was decided under CRPC 469, which this section replaced -- the court never mentioned this Act: Prescribes when the period of limitation begins to run. For instantaneous offences, limitation commences on the date of the offence. Applied to establish that limitation began on 15.10.2001 when the representation was rejected. Another 4 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2013 to 2024.
How do I find court cases under Section 515 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 515, section 515 BNSS, section 515 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 5 reported judgments on this section are set out on this page, beginning with Udai Shankar Awasthi vs State of U. P (09 Jan 2013).
What should I read with Section 515 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 469 (Commencement of the period of limitation), so the judgments decided under that provision are the case law on this one.
When did Section 515 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 515 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 515, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.