Bharatiya Nagarik Suraksha Sanhita

Section 519

Extension of period of limitation in certain cases

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⚡ Quick Answer Reference: Section 519 BNSS

Provision: Section 519 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
Jurisdiction: India
Summary: This section allows a court to consider a case even if the time limit for filing a complaint has passed. The court can do this if it believes the delay was justified or if it's necessary for justice.

Statutory Content

What does Section 519 of BNSS say?

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.

Indian StandardSection 519, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 519 (India)

Court Pleading StandardSection 519 of the Bharatiya Nagarik Suraksha Sanhita

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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 519 of BNSS mean?

Plain English Explanation

This section allows a court to consider a case even if the time limit for filing a complaint has passed. The court can do this if it believes the delay was justified or if it's necessary for justice.

Practical Interpretation

In practice, this section gives courts flexibility to handle cases where there's been a delay in filing a complaint. The court will consider the reasons for the delay and decide whether to proceed with the case.

Core Legal Purpose

The core purpose of this section is to ensure that justice is served, even if there's been a delay in filing a complaint. It allows courts to consider cases where the delay was justified or necessary for justice.

Key Legal Elements

•The court must be satisfied on the facts and circumstances of the case that the delay has been properly explained.
•The court must be satisfied on the facts and circumstances of the case that it is necessary to take cognizance of the offence in the interests of justice.
•The court's satisfaction must be based on the facts and circumstances of the case.
•The court's decision to take cognizance of the offence is discretionary.

Practical Example

Practical Example of Section 519 BNSS

Rajesh, a police officer, was involved in a road accident that resulted in the death of a pedestrian. The family of the deceased filed a complaint against Rajesh, but the police took no action for several months. When the family finally filed a complaint, the police argued that the time limit for filing a complaint had passed. However, the court, considering the facts and circumstances of the case, was satisfied that the delay was justified due to the complexity of the case and the need for further investigation. The court decided to take cognizance of the offence and proceed with the case.

Common Questions (FAQ)

Frequently Asked Questions about Section 519 BNSS

Q: What is the punishment or consequence under Section 519 of BNSS?

This section is a procedural provision and does not prescribe a penal punishment. The consequences of the offence will be determined by the court in accordance with the relevant provisions of the BNSS.

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

This section applies to both private individuals and public entities. The court's discretion to take cognizance of an offence is not limited to any particular category of persons.

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

This section does not specify whether an offence under this section is bailable or cognizable. The classification of the offence will depend on the relevant provisions of the BNSS.

Common Questions about Section 519 BNSS

What is Section 519 of BNSS?

Section 519 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Extension of period of limitation in certain cases". In plain terms: This section allows a court to consider a case even if the time limit for filing a complaint has passed. The court can do this if it believes the delay was justified or if it's necessary for justice.

What is the punishment under Section 519 of BNSS?

Section 519 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 519 of BNSS bailable or non-bailable?

Whether Section 519 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 519 of BNSS?

The essential elements of Section 519 of BNSS are: The court must be satisfied on the facts and circumstances of the case that the delay has been properly explained.; The court must be satisfied on the facts and circumstances of the case that it is necessary to take cognizance of the offence in the interests of justice.; The court's satisfaction must be based on the facts and circumstances of the case..

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