Section 473 CrPC: Extension of Period of Limitation in Certain Cases
Section 473 of the Code of Criminal Procedure, 1973 permitted a criminal court to take cognizance after the prescribed limitation period if the delay was properly explained or doing so was necessary in the interests of justice. The corresponding current provision is Section 519 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 473 CrPC, 1973
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.
Section 519 BNSS, 2023: Corresponding Provision
Section 519, titled Extension of period of limitation in certain cases, carries forward the same substantive wording. It allows the court to take cognizance after limitation expires when either of the two statutory grounds is satisfied.
Notwithstanding anything contained in the foregoing provisions of this Chapter, any Court may take cognizance of an offence after the expiry of the period of limitation, if it is satisfied on the facts and in the circumstances of the case that the delay has been properly explained or that it is necessary so to do in the interests of justice.
Official reference: Ministry of Home Affairs - New Criminal Laws (BNSS text) and Bureau of Police Research and Development - BNSS reference PDF.
Meaning and Scope of the Provision
1. What is the period of limitation?
It is the statutory time limit for taking cognizance of specified offences. The general limitation framework was contained in Chapter XXXVI of the CrPC (Sections 467 to 473) and is now in Chapter XXXVIII of the BNSS (Sections 513 to 519). The applicable period depends on the offence and relevant statutory provisions.
2. What does taking cognizance mean?
Taking cognizance generally means a competent criminal court applying its judicial mind to the alleged offence for the purpose of proceeding under criminal procedure law. It is distinct from a final finding of guilt.
3. What amounts to properly explained delay?
The court assesses the actual explanation for delay against the facts and circumstances. A party should provide a clear chronology and relevant records. Extension is not automatic merely because a request is made.
4. What are the interests of justice?
The provision separately permits cognizance where the court finds it necessary in the interests of justice. The court must evaluate the case-specific circumstances, including the nature of the allegations, reasons for delay and fairness to the accused.
When Can the Court Extend Limitation?
- The prescribed limitation period has expired.
- The court is satisfied that the delay has been properly explained or that taking cognizance is necessary in the interests of justice.
- The court evaluates the facts and applicable law, including any special limitation rules.
The statutory grounds are alternatives, not cumulative requirements. Section 473 CrPC and Section 519 BNSS concern delayed cognizance; they do not automatically extend every filing deadline under other enactments.
Related Limitation Provisions
| CrPC provision | Corresponding BNSS provision | Subject |
|---|---|---|
| Section 467 | Section 513 | Definitions |
| Section 468 | Section 514 | Bar to cognizance after limitation |
| Section 469 | Section 515 | Commencement of limitation |
| Section 470 | Section 516 | Exclusion of time in certain cases |
| Section 471 | Section 517 | Court closed on the final day |
| Section 472 | Section 518 | Continuing offences |
| Section 473 | Section 519 | Extension of limitation |
State Amendments: Andhra Pradesh and Telangana
The original CrPC page records a state-specific provision under Andhra Pradesh Act 17 of 1982, Section 2, concerning the non-application of Chapter XXXVI of the CrPC to specified offences. Its substance is reproduced below for historical reference:
Chapter XXXVI of Code of Criminal Procedure, 1973 not to apply to certain offences. Nothing in Chapter XXXVI of the Code of Criminal Procedure, 1973, shall apply to--
(i) any offences punishable under any of the enactments specified in the Schedule; or
(ii) any other offences, which under the provisions of that Code, may be tried along with such offences, and every offence referred to in clause (i) or clause (ii), may be taken cognizance of by the court having jurisdiction as if the provisions of that Chapter were not enacted.
Important: The territorial operation, subsequent adaptation or amendment, and continuing effect of this state enactment following the BNSS commencement require verification against the applicable Andhra Pradesh or Telangana legislation and notifications. This historical state provision should not be assumed to apply automatically to every current BNSS prosecution.
Does Section 473 CrPC Still Apply After 1 July 2024?
Section 531 BNSS repeals the CrPC but preserves specified pending appeals, applications, trials, inquiries and investigations under the earlier Code. It also addresses the effect of prior orders and expired time periods. Accordingly, Section 473 CrPC can remain relevant to proceedings governed by the savings provision, while Section 519 BNSS governs matters to which the new procedure applies.
Read the official Section 531 BNSS - Repeal and savings and the Ministry of Home Affairs criminal laws portal.
Practical Illustration
Suppose a complaint relating to an offence subject to a statutory cognizance limitation period reaches the court after that period. The complainant may place the reasons for delay before the court. The court may consider whether the delay is properly explained or whether cognizance is necessary in the interests of justice. The result depends on the applicable law, the facts, and the court's satisfaction; an extension cannot be presumed.
Frequently Asked Questions
Is an extension of limitation automatic?
No. The court must be satisfied that one of the statutory grounds exists.
Must both delay explanation and interests of justice be established?
No. The section uses the word "or" and states alternative grounds.
What is the corresponding BNSS section?
Section 519 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can the CrPC still govern a pending criminal proceeding?
Yes, where the savings rules in Section 531 BNSS preserve the operation of the CrPC for that proceeding.
Legal information updated: 19 October 2026. This article is general legal information, not advice on a particular case. Verify current state amendments, special statutes and binding judicial decisions before relying on a limitation calculation.