Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 516: Bar to taking cognizance after lapse of period of limitation
(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.
Brefe Detail
Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023, establishes a bar on taking cognizance of specific offences after the expiration of the designated period of limitation. It outlines distinct timeframes for various categories of offences, stipulating that courts cannot take action once these timeframes have lapsed. Additionally, it clarifies how the period of limitation should be determined for offences that can be tried together, based on the severity of the punishment.
Question & Answers
Q1: What does Section 516 state about taking cognizance of offences?
A1: Section 516 states that no court shall take cognizance of specified offences after the expiry of the period of limitation.
Q2: What are the periods of limitation for different offences?
A2: The periods of limitation are:
- (a) six months for offences punishable with fine only;
- (b) one year for offences punishable with imprisonment not exceeding one year;
- (c) three years for offences punishable with imprisonment exceeding one year but not exceeding three years.
Q3: How is the period of limitation determined for offences that may be tried together?
A3: The period of limitation for offences that may be tried together is determined by the offence punishable with the more severe punishment.
Q4: What is the relevant date for computing the period of limitation?
A4: The relevant date for computing the period of limitation is either the date of filing a complaint under section 223 or the date of recording information under section 173.
Example
- Scenario of Fine-only Offence: If a person commits an offence that is punishable only by a fine, the court must act within six months of the offence.
- Scenario of One-Year Imprisonment: For an offence that could result in up to one year of imprisonment, cognizance must be taken within one year.
- Scenario of Multiple Offences: If multiple offences are charged together, and one carries a punishment of three years, the period of limitation is three years.
Summary
Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023, prohibits courts from taking cognizance of certain offences after the lapse of specified periods of limitation. It provides clear timelines based on the severity of the punishment and outlines how to compute the relevant date for determining these periods.
