सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 514

Bar to taking cognizance after lapse of period of limitation

Why this exists

Without a deadline, prosecutions for minor offences could be launched years or decades after the fact, when evidence has faded and witnesses have forgotten details, making a fair trial nearly impossible. This provision protects people from indefinitely hanging prosecutorial threats for relatively minor matters while leaving serious offences (punishable by more than three years) without any limitation period at all. It corresponds to section 468 of the earlier CrPC.

How courts read it

Courts applying the equivalent CrPC provision have clarified that this limitation period applies only to taking cognizance of the offence, not to the filing of the initial complaint or FIR, and that the bar is calculated strictly based on the maximum sentence prescribed by law for the offence in question, not the sentence actually likely to be imposed.

Common misconceptions
  • Myth: This time limit applies to all criminal offences.
    Fact: It only applies to offences punishable with a fine only, up to one year, or between one and three years; more serious offences have no such limitation period under this section.