Section 467 CrPC - Definition of Period of Limitation and Section 513 BNSS
Section 467 of the Code of Criminal Procedure, 1973 (CrPC) defines the expression period of limitation for Chapter XXXVI, which governs limitation for taking cognizance of certain offences. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 513, within Chapter XXXVIII.
Section 467 CrPC - Statutory text
For the purposes of this Chapter, unless the context otherwise requires, "period of limitation" means the period specified in section 468 for taking cognizance of an offence.
The definition refers specifically to the limitation periods laid down in Section 468 CrPC. It does not itself prescribe the duration for each offence.
Section 513 BNSS - Corresponding current provision
For the purposes of this Chapter, unless the context otherwise requires, "period of limitation" means the period specified in section 514 for taking cognizance of an offence.
Section 513 BNSS preserves the substance of Section 467 CrPC, updating the cross-reference from Section 468 CrPC to Section 514 BNSS. The relevant chapter is titled Limitation for Taking Cognizance of Certain Offences.
What does period of limitation mean?
In this context, the period of limitation is the legally prescribed time relevant to a criminal court taking cognizance of specified categories of offences. Taking cognizance generally means the judicial application of mind to an alleged offence for the purpose of proceeding under criminal law; it is distinct from the investigation itself.
The definition must be read together with the rules on commencement, exclusion, continuing offences and extension of limitation. A delay does not automatically bar every prosecution, and the applicable statutory exceptions matter.
Limitation periods under Section 514 BNSS
| Maximum punishment prescribed | Ordinary limitation period |
|---|---|
| Fine only | Six months |
| Imprisonment not exceeding one year | One year |
| Imprisonment exceeding one year but not exceeding three years | Three years |
Under Section 514(3), where offences may be tried together, the applicable period is determined by the offence carrying the more severe or most severe punishment. Section 514 also contains an explanation addressing the relevant filing or recording date for computation: the date of filing a complaint under Section 223 or recording information under Section 173 BNSS, as applicable.
These periods are not a universal limitation rule for every criminal offence. The nature of the offence, special legislation and other provisions of the BNSS must also be considered.
Other provisions relevant to calculating limitation
- Section 515 BNSS: Commencement of the period of limitation, including rules where the offence or offender was not initially known.
- Section 516 BNSS: Exclusion of time in specified circumstances.
- Section 517 BNSS: Exclusion where the court is closed on the expiry date.
- Section 518 BNSS: Fresh limitation for a continuing offence.
- Section 519 BNSS: Extension of the period of limitation in certain cases.
- Section 531 BNSS: Repeal and savings, relevant to proceedings connected with the former CrPC regime.
Special rule for certain economic offences
The original CrPC text carried a legislative note concerning the Economic Offences (Inapplicability of Limitation) Act, 1974 (Act 12 of 1974). Section 2 and the Schedule of that Act disapply the CrPC limitation chapter to specified economic offences. Whether that enactment or any other special statutory provision affects a particular matter should be checked against its current text and applicable savings provisions; the general limitation periods must not be applied mechanically.
Practical illustration
Suppose an offence is punishable with imprisonment for a maximum of two years. Section 514(2) BNSS ordinarily specifies a three-year limitation period. The actual calculation requires identifying when the period commences and checking exclusions, continuing-offence rules, extensions and any special statute. Section 513 supplies the definition, while those other provisions determine its application.
Frequently asked questions
Is Section 467 CrPC still the current provision?
The corresponding provision in the BNSS is Section 513. The CrPC remains relevant to matters governed by the repeal-and-savings framework in Section 531 BNSS.
Does Section 467 CrPC specify a time limit?
No. It defines "period of limitation" by referring to Section 468 CrPC. The corresponding BNSS definition refers to Section 514 BNSS.
Can limitation be extended?
Section 519 BNSS permits extension in specified circumstances. The statutory conditions and facts of the case must be examined.
Are offences punishable with more than three years of imprisonment covered by the ordinary Section 514(2) periods?
Those ordinary periods address the punishment categories stated in Section 514(2), which extend up to three years. Special laws or other applicable rules may still need consideration.
Official legal references
Read the Ministry of Home Affairs - New Criminal Laws and the government-hosted BNSS reference PDF, including Sections 513-519 and 531. For authoritative application, consult the enacted legislation, amendments, notifications and binding judgments.