Section 469 CrPC: Commencement of the Period of Limitation
Section 469 of the Code of Criminal Procedure, 1973 explains when the limitation period begins for taking cognizance of certain offences. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 516.
Section 469 CrPC - statutory provision
(1) The period of limitation, in relation to an offender, shall commence,-
- on the date of the offence; or
- where the commission of the offence was not known to the person aggrieved by the offence or to any police officer, the first day on which such offence comes to the knowledge of such person or to any police officer, whichever is earlier; or
- where it is not known by whom the offence was committed, the first day on which the identity of the offender is known to the person aggrieved by the offence or to the police officer making investigation into the offence, whichever is earlier.
(2) In computing the said period, the day from which such period is to be computed shall be excluded.
Section 516 BNSS - corresponding current provision
Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the three alternative starting points and the rule excluding the starting day. It is in Chapter XXXVIII, concerning limitation for taking cognizance of certain offences. Read the official BNSS record on India Code or the official Act text (PDF).
How the commencement rules operate
1. Date of the offence
Ordinarily, time begins from the date the offence was committed. Under subsection (2), that date itself is excluded when computing the limitation period.
2. Offence discovered later
Where neither the aggrieved person nor any police officer knew of the commission of the offence, the relevant starting point is the first date either becomes aware of it, whichever occurs earlier. A later discovery by the other person does not reset the clock.
3. Offender identified later
Where the offender's identity was unknown, the relevant starting point is the first date on which that identity becomes known to the aggrieved person or the investigating police officer, whichever is earlier.
4. Exclusion of the starting day
The day on which limitation begins under the applicable clause is not counted. The ultimate deadline must still be determined under the applicable limitation provisions and any lawful exclusions or extensions.
What is the period of limitation?
Section 469 determines when limitation starts; Section 468 CrPC and Section 515 BNSS determine the ordinary periods for the covered categories of offences.
| Maximum prescribed punishment | 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 |
Where offences may be tried together, the provision concerning the most severely punishable offence is relevant. Special statutes, statutory exclusions, and other provisions may change the outcome. Section 515 BNSS also contains an explanation identifying the relevant filing or information-recording date for computing limitation.
Illustrative examples
Known offence: If an offence is committed and known on 10 August, the starting date is 10 August and that day is excluded from computation.
Later discovery: If an offence committed on 10 August is first discovered by the complainant on 20 September, while police learn of it on 25 September, clause (b) points to 20 September, subject to the facts and applicable law.
Unknown offender: If the offender is first identified by the investigating officer on 5 October and the aggrieved person learns the identity on 8 October, clause (c) points to 5 October.
Related provisions and transitional rules
Section 467 CrPC defines the period of limitation for this chapter. Section 470 CrPC addresses exclusion of time in certain cases; corresponding BNSS provisions are Sections 514 and 517 respectively. Sections 518 to 520 BNSS also address related limitation questions, including continuing offences and extension in the interests of justice. Section 531 BNSS governs repeal and savings; it is important where proceedings were pending before 1 July 2024.
Frequently asked questions
Is Section 469 CrPC still applicable?
The CrPC has been repealed by the BNSS, subject to the savings and transitional rules in Section 531 BNSS. Section 516 BNSS is the corresponding commencement provision for matters governed by the new law.
Does limitation always start on the offence date?
No. Discovery of an otherwise unknown offence or identification of an unknown offender can provide a different commencement date under the statutory conditions.
Is the first day counted?
No. Section 469(2) CrPC and Section 516(2) BNSS exclude the day from which the limitation period is computed.
Does Section 516 BNSS set the length of limitation?
No. Section 516 addresses commencement; Section 515 BNSS sets the ordinary limitation periods for the covered offences.
Official legal source
See the India Code BNSS page and the official BNSS PDF. This article is general legal information, not advice on the limitation deadline in any particular case.