Section 468 CrPC - Bar to Taking Cognizance After Limitation
Section 468 of the Code of Criminal Procedure, 1973 establishes limitation periods for taking cognizance of certain offences. The corresponding current provision is Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which came into force on 1 July 2024.
Updated: 19 October 2026
Section 468 CrPC - Statutory provisions
Section 468(1). Except as otherwise provided elsewhere in the Code, no Court shall take cognizance of an offence of the category specified in subsection (2) after expiry of the period of limitation.
Section 468(2)(a). Six months if the offence is punishable with fine only.
Section 468(2)(b). One year if the offence is punishable with imprisonment for a term not exceeding one year.
Section 468(2)(c). Three years if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.
Section 468(3). Where offences may be tried together, the limitation period is determined with reference to the offence punishable with the more severe, or most severe, punishment.
Legislative note: Subsection (3) was inserted by Act 45 of 1978, section 33, with effect from 18 December 1978.
Section 514 BNSS - Current corresponding law
Section 514 BNSS substantially carries forward the three limitation categories in Section 468 CrPC. It also adds an express Explanation: for computing limitation, the relevant date is the date of filing a complaint under Section 223 BNSS or the date of recording information under Section 173 BNSS. This distinction matters where the Magistrate takes cognizance later.
| Maximum prescribed punishment | Limitation period | CrPC / BNSS |
|---|---|---|
| Fine only | 6 months | 468(2)(a) / 514(2)(a) |
| Imprisonment up to 1 year | 1 year | 468(2)(b) / 514(2)(b) |
| Imprisonment exceeding 1 year but not exceeding 3 years | 3 years | 468(2)(c) / 514(2)(c) |
| Imprisonment exceeding 3 years | No limitation under these provisions | Outside these statutory categories |
Meaning of key legal terms
Cognizance of an offence
Cognizance refers to the judicial application of mind to an alleged offence for proceeding under criminal law. It is distinct from the filing of a complaint or recording of information, although the relevant filing date governs limitation computation under the express BNSS explanation.
Period of limitation
Under Section 467 CrPC and Section 513 BNSS, the expression means the period specified for taking cognizance of an offence in Section 468 CrPC and Section 514 BNSS, respectively.
Maximum punishment
The relevant classification depends on the punishment legally prescribed for the offence, not the sentence that might eventually be imposed in a particular case.
How limitation is calculated
Read the principal limitation rule together with the related statutory provisions:
- Section 469 CrPC / 515 BNSS: commencement of the limitation period, including discovery of the offence or identity of the offender in specified circumstances; the starting day is excluded.
- Section 470 CrPC / 516 BNSS: exclusion of time in specified circumstances.
- Section 471 CrPC / 517 BNSS: exclusion where the court is closed.
- Section 472 CrPC / 518 BNSS: a fresh limitation period begins during a continuing offence.
- Section 473 CrPC / 519 BNSS: the court may extend limitation if the delay is properly explained or extension is necessary in the interests of justice.
For example, if an offence carries a maximum imprisonment of two years, the ordinary statutory period is three years. The actual deadline still depends on when limitation begins, any excluded time, continuing-offence rules and the applicable procedural regime.
Offences tried together
Under subsection (3), when multiple offences may lawfully be tried together, limitation is determined by the offence carrying the more severe or most severe punishment. This is a rule for eligible jointly tried offences, not a general permission to combine unrelated accusations.
Exceptions and special laws
Limitation under these provisions is subject to other applicable statutory rules. Special legislation may prescribe different limitation requirements or exclude the ordinary Chapter rules. The Economic Offences (Inapplicability of Limitation) Act, 1974 makes the CrPC limitation chapter inapplicable to offences specified in its Schedule; the applicability of any special enactment and the relevant procedural regime should be checked for the particular case.
Effect of BNSS commencement
The BNSS came into force on 1 July 2024 and repealed the CrPC subject to Section 531 BNSS (repeal and savings). Pending appeals, applications, trials, inquiries and investigations covered by that saving provision are to be assessed under its terms. The date and procedural status of a particular matter are therefore important.
Official legislation and references
Read the India Code official legislation portal for the CrPC, BNSS and relevant special Acts. The BNSS statutory text hosted by the Bureau of Police Research and Development provides Sections 513-519 and Section 531. See also the BPRD BNSS comparative handbook.
Frequently asked questions
What is the limitation period under Section 468 CrPC?
Six months for fine-only offences, one year where the maximum imprisonment does not exceed one year, and three years where the maximum imprisonment exceeds one year but does not exceed three years.
Which BNSS provision corresponds to Section 468 CrPC?
Section 514 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which includes an explanation identifying the filing or information-recording date for computing limitation.
Does limitation apply to offences punishable with more than three years of imprisonment?
The limitation periods in Section 468 CrPC and Section 514 BNSS do not cover offences whose maximum prescribed imprisonment exceeds three years.
Can a court take cognizance after limitation expires?
Yes, subject to the statutory requirements: Section 473 CrPC or Section 519 BNSS permits extension when delay is properly explained or extension is necessary in the interests of justice.
This article provides general legal information. Statutory amendments, special laws and case-specific facts may affect the outcome.