Continuing offence
Section 472 of the Code of Criminal Procedure, 1973 deals with 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 472, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 518 Continuing offence 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 The repealed enactment still governs what happened while it was in force.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
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: Provides that for continuing offences, a fresh period of limitation begins at every moment of continuance. Court distinguished the present offence from a continuing offence as no fresh violation occurred after 15.10.2001.
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K. L. Singh vs State of up
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: In continuing offence, a fresh period of limitation begins at every moment the offence continues. Court extensively analyzed this provision to distinguish continuing from instantaneous offences.
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Somesh Shokeen vs State Govt. of Nct of Delhi
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: Deals with 'continuing offence' - relevant to understanding the nature of unauthorized construction as a continuing violation.
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 472
What have the courts held on Section 472 of the Code of Criminal Procedure?
Udai Shankar Awasthi vs State of U. P (09 Jan 2013) is the leading judgment on this section among those set out below: Provides that for continuing offences, a fresh period of limitation begins at every moment of continuance. Court distinguished the present offence from a continuing offence as no fresh violation occurred after 15.10.2001. Another 2 judgments on this section are set out below, 2 of them from the Supreme Court. They run from 2013 to 2014.
How do I find court cases under Section 472 of the Code of Criminal Procedure?
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: CRPC 472, section 472 CRPC, section 472 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 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 472 of the Code of Criminal Procedure, and has it changed?
For anything done on or after 1 July 2024 the provision to read is BNSS 518 (Continuing offence), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 472 of the Code of Criminal Procedure come into force?
Section 472 of the Code of Criminal Procedure, cited as CRPC 472, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.