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Bharatiya Nagarik Suraksha Sanhita

Section 514

Bar to taking cognizance after lapse of period of limitation

Quick Answer Reference: Section 514 BNSS

  • Provision: Section 514 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
  • Jurisdiction: India
  • Summary: This section says that a court cannot take action on a case after a certain period of time has passed. The length of time depends on the type of offense and the punishment it carries.
Statutory Content

What does Section 514 of BNSS say?

(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation. (2) The period of limitation shall be— (a) six months, if the offence is punishable with fine only; (b) one year, if the offence is punishable with imprisonment for a term not exceeding one year; (c) three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years. (3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment. Explanation.—For the purpose of computing the period of limitation, the relevant date shall be the date of filing complaint under section 223 or the date of recording of information under section 173.

Indian StandardSection 514, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 514 (India)
Court Pleading StandardSection 514 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/514

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose

What does Section 514 of BNSS mean?

Plain English Explanation

This section says that a court cannot take action on a case after a certain period of time has passed. The length of time depends on the type of offense and the punishment it carries.

Practical Interpretation

In practical terms, this section means that if a complaint is filed or information is recorded within the specified time frame, the court can take action on the case. If the time frame has expired, the court cannot take action, unless otherwise provided in the Sanhita.

Core Legal Purpose

The core purpose of this section is to set a time limit for the court to take action on a case, ensuring that cases are pursued in a timely manner and that the accused is not prejudiced by undue delay.

Key Legal Elements
  • The court cannot take cognizance of an offense after the expiry of the period of limitation.
  • The period of limitation depends on the type of offense and the punishment it carries.
  • The period of limitation is determined with reference to the offense which is punishable with the more severe punishment.
  • The relevant date for computing the period of limitation is the date of filing complaint under section 223 or the date of recording of information under section 173.
Practical Example

Practical Example of Section 514 BNSS

Rajesh files a complaint against Priya under Section 514 of BNSS for an offense punishable with imprisonment for a term not exceeding one year. The period of limitation for this offense is one year. If Rajesh files the complaint within one year from the date of the offense, the court can take action on the case. However, if the complaint is filed after one year, the court cannot take action, as the period of limitation has expired.

Common Questions (FAQ)

Frequently Asked Questions about Section 514 BNSS

Q: What is the punishment or consequence under Section 514 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. It sets a time limit for the court to take action on a case.

Q: Does this section apply to private individuals or public entities?

This section applies to both private individuals and public entities, as it is a general provision governing the period of limitation for taking cognizance of offenses.

Q: Is an offense under this section bailable or cognizable?

This section does not classify offenses as bailable or cognizable. It is a procedural provision governing the period of limitation for taking cognizance of offenses.

People Also Ask (PAA)

Common Questions about Section 514 BNSS

What is Section 514 of BNSS?

Section 514 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Bar to taking cognizance after lapse of period of limitation". In plain terms: This section says that a court cannot take action on a case after a certain period of time has passed. The length of time depends on the type of offense and the punishment it carries.

What is the punishment under Section 514 of BNSS?

Section 514 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 514 of BNSS bailable or non-bailable?

Whether Section 514 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 514 of BNSS?

The essential elements of Section 514 of BNSS are: The court cannot take cognizance of an offense after the expiry of the period of limitation.; The period of limitation depends on the type of offense and the punishment it carries.; The period of limitation is determined with reference to the offense which is punishable with the more severe punishment..

Landmark Case Laws

Landmark Judgments under Section 514 BNSS

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)

Patnahcucisdb94 High Court (10 8)