(1) The period of limitation, in relation to an offender, shall commence,— (a) on the date of the offence; or (b) 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 (c) 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.
Bharatiya Nagarik Suraksha Sanhita
Section 515
Commencement of period of limitation
Englishहिंदी
⚡ Quick Answer Reference: Section 515 BNSS
- Provision: Section 515 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
- Jurisdiction: India
- Summary: This section explains when the time limit to take legal action against an offender starts. It begins on the day of the offence, when the offence becomes known, or when the offender's identity is discovered.
Statutory Content
What does Section 515 of BNSS say?
Indian StandardSection 515, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 515 (India)
Court Pleading StandardSection 515 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/515
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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).
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Section Meaning & Purpose
What does Section 515 of BNSS mean?
Plain English Explanation
This section explains when the time limit to take legal action against an offender starts. It begins on the day of the offence, when the offence becomes known, or when the offender's identity is discovered.
Practical Interpretation
In practice, this section helps determine the starting point for the time limit to file a complaint or take legal action against someone who has committed an offence, considering factors like discovery of the offence or identification of the offender.
Core Legal Purpose
The core purpose is to provide a clear rule for when the limitation period starts, ensuring fairness and consistency in legal proceedings by considering the point at which the offence or offender becomes known.
Key Legal Elements
- •The date of the offence as a starting point for the limitation period.
- •The first day the offence or the offender's identity becomes known to the aggrieved person or the police as an alternative starting point.
- •The key test is the point of knowledge or discovery, which determines when the limitation period commences.
- •A key exception or limitation is the exclusion of the day from which the period is computed.
Practical Example
Practical Example of Section 515 BNSS
For instance, if Rajesh discovers that his shop was burglarized on January 1st, but the police and he were unaware of the burglary until January 5th when a witness came forward, the limitation period under this section would start on January 5th, considering the day of discovery as the commencement point. This example illustrates how the section applies in real-life scenarios where the offence was not immediately known.
Common Questions (FAQ)
Frequently Asked Questions about Section 515 BNSS
Q: What is the punishment or consequence under Section 515 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It deals with the commencement of the limitation period.
Q: Does this section apply to private individuals or public entities?
The section applies to any person aggrieved by an offence or to any police officer, which can include both private individuals and public entities, depending on the context of the offence.
Q: Is an offence under this section bailable or cognizable?
This section does not classify offences as bailable or cognizable. It is concerned with the timing of the limitation period for taking legal action.
People Also Ask (PAA)
Common Questions about Section 515 BNSS
What is Section 515 of BNSS?
Section 515 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Commencement of period of limitation". In plain terms: This section explains when the time limit to take legal action against an offender starts. It begins on the day of the offence, when the offence becomes known, or when the offender's identity is discovered.
What is the punishment under Section 515 of BNSS?
Section 515 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 515 of BNSS bailable or non-bailable?
Whether Section 515 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 515 of BNSS?
The essential elements of Section 515 of BNSS are: The date of the offence as a starting point for the limitation period.; The first day the offence or the offender's identity becomes known to the aggrieved person or the police as an alternative starting point.; The key test is the point of knowledge or discovery, which determines when the limitation period commences..
Landmark Case Laws
Landmark Judgments under Section 515 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)
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