Section 514 BNSS: Bar to Taking Cognizance After Lapse of Period of Limitation

Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) places a time limit on a Court taking cognizance of specified categories of offences. The limitation period depends on the maximum punishment prescribed for the offence. The provision forms part of Chapter XXXVIII, which deals with limitation for taking cognizance of certain offences.

Current legal position: The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023 and came into force on 1 July 2024, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Text of Section 514 BNSS

514. Bar to taking cognizance after lapse of period of limitation.

(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) six months, if the offence is punishable with fine only;

(b) one year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.

Explanation.-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.

Meaning of Section 514

In simple terms, Section 514 prevents a Court from taking cognizance of certain less serious offences after the prescribed limitation period has expired, unless another provision of the BNSS permits otherwise. The provision is therefore a statutory bar linked to the punishment prescribed for the offence.

Under Section 513 BNSS, the expression "period of limitation" for Chapter XXXVIII means the period specified in Section 514 for taking cognizance of an offence.

Limitation Period Under Section 514

Maximum punishment for the offence Period of limitation
Fine only Six months
Imprisonment not exceeding one year One year
Imprisonment exceeding one year but not exceeding three years Three years

Section 514 does not prescribe a limitation period in this provision for offences punishable with imprisonment exceeding three years. The statutory bar in sub-section (1) is expressly tied to the categories set out in sub-section (2).

Which Date Is Relevant for Computing Limitation?

The Explanation to Section 514 states that, for computing the period of limitation, the relevant date is:

  • the date of filing the complaint under Section 223 BNSS; or
  • the date of recording information under Section 173 BNSS.

Section 173 BNSS: deals with information in cognizable cases.

Section 223 BNSS: deals with examination of the complainant in complaint proceedings.

This Explanation is important because the statutory reference point for limitation is the filing or recording date specified by the provision, rather than merely the later date on which the Court formally acts on the matter.

Offences Tried Together

Where more than one offence may be tried together, Section 514(3) requires the limitation period to be determined by reference to the offence carrying the more severe punishment or, where applicable, the most severe punishment among the offences being tried together.

Related BNSS Provisions on Limitation

Section 514 should be read with the surrounding provisions in Chapter XXXVIII because the actual computation and application of limitation may depend on when limitation begins, periods that must be excluded, whether the offence is continuing, and whether extension is permissible.

Practical Effect of Section 514

Before applying the bar under Section 514, it is necessary to identify the punishment provided for the alleged offence, determine the applicable limitation period, identify the legally relevant starting and filing dates, and then consider the other provisions of Chapter XXXVIII that may alter the computation.

For a complete limitation analysis, Section 514 should therefore not be applied in isolation. Sections 515 to 519 may materially affect whether proceedings are within time.

Last reviewed: 12 September 2026.