Bharatiya Nagarik Suraksha Sanhita, 2023

Section 518 BNSS - Continuing Offence and Fresh Period of Limitation

Section 518 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the computation of limitation where an offence is continuing in nature. It forms part of Chapter XXXVIII, which governs limitation for taking cognizance of certain offences.

Section 518 - 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.

Meaning of Section 518 BNSS

Section 518 creates a special rule for limitation. Where the unlawful conduct is legally treated as a continuing offence, the limitation period does not run only from the first occurrence. Instead, a fresh period begins at every moment for as long as the offence continues.

This provision is important because Chapter XXXVIII restricts the taking of cognizance of specified offences after the applicable limitation period. Section 518 ensures that a genuinely continuing offence is assessed by reference to the period during which the unlawful state of affairs remains in existence.

What is a continuing offence?

The BNSS does not separately define the expression "continuing offence" in Section 518. In practical legal terms, the issue depends on the nature of the statutory duty or prohibition involved. A continuing offence generally involves a continuing breach that persists from day to day, rather than a completed act whose consequences merely remain.

Important: Whether a particular offence is continuing cannot be decided only from the fact that its effects continue. The wording, purpose and scheme of the law creating the offence must be examined.

Practical effect of Section 518

A fresh period of limitation begins continuously while the offence itself continues.
The provision applies only when the offence is legally of a continuing character.
It must be read with Sections 513 to 519 BNSS, which collectively deal with limitation for taking cognizance of certain offences.
The actual period of limitation depends on the punishment and the rules contained in Section 514 BNSS.
Questions about commencement, exclusion of time, court closure and extension of limitation are governed by the surrounding provisions of Chapter XXXVIII.

Section 518 within the BNSS limitation framework

Section 518 is part of Chapter XXXVIII titled "Limitation for Taking Cognizance of Certain Offences." The chapter includes the definition of the period of limitation, the statutory bar after expiry, commencement of limitation, exclusion of specified periods, treatment of court holidays, continuing offences and extension of limitation in appropriate cases.

Related BNSS provisions

Commencement of the BNSS

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed July 1, 2024 as the date on which its provisions came into force, subject to the notified exception concerning the First Schedule entry relating to Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Official statutory reference

For authoritative text and updates, readers should consult the official Government of India sources linked in the sidebar, including India Code and the Ministry of Home Affairs.

This page is an informational summary of Section 518 BNSS and should be read with the complete statute and applicable judicial decisions in a specific case.