CHAPTER XXXVIII
LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
Section 515 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Commencement of period of limitation.
(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.
Section 516 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Exclusion of time in certain cases.
(1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance
or in a Court of appeal or revision, against the offender, shall be excluded:
Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.
(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.
(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.
Explanation.—In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.
(4) In computing the period of limitation, the time during which the offender—
(a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or
(b) has avoided arrest by absconding or concealing himself, shall be excluded.
Section 517 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Exclusion of date on which Court is closed.
Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.
Explanation.—A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.
Section 518 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Continuing offence.
In the case of a continuing offence, a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.
Read https://www.myjudix.com/blog to get access to brief analysis of latest case laws and access to top legal articles and updated bare acts.
Section 519 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Extension of period of limitation in certain cases.
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.
CHAPTER XXXIX MISCELLANEOUS
Section 520 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Trials before High Courts.
When an offence is tried by the High Court otherwise than under section 447, it shall, in the trial of the offence, observe the same procedure as a Court of Sessions would observe if it were trying the case.
Section 521 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Delivery to commanding officers of persons liable to be tried by Court-martial.
(1) The Central Government may make rules consistent with this Sanhita and the Army Act, 1950, the Navy Act, 1957, and the Air Force Act, 1950, and any other law, relating to the Armed Forces of the Union, for the time being in force, as to cases in which persons subject to military, naval or air-force law, or such other law, shall be tried by a Court to which this Sanhita applies, or by a Court-martial; and when any person is brought before a Magistrate and charged with an offence for which he is liable to be tried either by a Court to which this Sanhita applies or by a Court-martial, such Magistrate shall have regard to such rules, and shall in proper cases deliver him, together with a statement of the offence of which he is accused, to the commanding officer of the unit to which he belongs, or to the commanding officer of the nearest military, naval or air-force station, as the case may be, for the purpose of being tried by a Court-martial.
Explanation.—In this section—
(a) "Unit" includes a regiment, corps, ship, detachment, group, battalion or
Company;
(b) "Court-martial" includes any Tribunal with the powers similar to those of a Court-martial constituted under the relevant law applicable to the Armed Forces of the Union.
(2) Every Magistrate shall, on receiving a written application for that purpose by the commanding officer of any unit or body of soldiers, sailors or airmen stationed or employed at any such place, use his utmost endeavours to apprehend and secure any person accused of such offence.
(3) A High Court may, if it thinks fit, direct that a prisoner detained in any jail situate within the State be brought before a Court-martial for trial or to be examined touching any matter pending before the Court-martial.
Section 522 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Forms.
Subject to the power conferred by article 227 of the Constitution, the forms set forth in the Second Schedule, with such variations as the circumstances of each case require, may be used for the respective purposes therein mentioned, and if used shall be sufficient.
Section 523 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power of High Court to make rules
(1) Every High Court may, with the previous approval of the State Government, make rules—
(a) as to the persons who may be permitted to act as petition-writers in the Criminal Courts subordinate to it;
(b) regulating the issue of licences to such persons, the conduct of business by them, and the scale of fees to be charged by them;
(c) providing a penalty for a contravention of any of the rules so made and determining the authority by which such contravention may be investigated and the penalties imposed;
(d) any other matter which is required to be, or may be, provided by rules made by the State Government.
(2) All rules made under this section shall be published in the Official Gazette.
Section 524 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Power to alter functions allocated to Executive Magistrate in certain cases.
If the Legislative Assembly of a State by a resolution so permits, the State Government may, after consultation with the High Court, by notification, direct that references
in sections 127, 128, 129, 164 and 166 to an Executive Magistrate shall be construed as references to a Judicial Magistrate of the first class.
Section 525 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Case in which Judge or Magistrate is personally interested.
No Judge or Magistrate shall, except with the permission of the Court to which an appeal lies from his Court, try or commit for trial any case to or in which he is a party, or personally interested, and no Judge or Magistrate shall hear an appeal from any judgment or order passed or made by himself.
Explanation.—A Judge or Magistrate shall not be deemed to be a party to, or personally interested in, any case by reason only that he is concerned therein in a public capacity, or by reason only that he has viewed the place in which an offence is alleged to have been committed, or any other place in which any other transaction material to the case
is alleged to have occurred, and made an inquiry in connection with the case.
Section 526 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Practicing advocate not to sit as Magistrate in certain Courts.
No advocate who practices in the Court of any Magistrate shall sit as a Magistrate in that Court or in any Court within the local jurisdiction of that Court.
Section 527 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Public servant concerned in sale not to purchase or bid for property.
A public servant having any duty to perform in connection with the sale of any property under this Sanhita shall not purchase or bid for the property.
Section 528 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Saving of inherent powers of High Court.
Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of
the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.
Section 529 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Duty of High Court to exercise continuous superintendence over Courts.
Every High Court shall so exercise its superintendence over the Courts of Sessions
and Courts of Judicial Magistrates subordinate to it as to ensure that there is an expeditious
and proper disposal of cases by the Judges and Magistrates.
Section 530 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Trial and proceedings to be held in electronic mode.
All trials, inquires and proceedings under this Sanhita, including—
(i) issuance, service and execution of summons and warrant;
(ii) examination of complainant and witnesses;
(iii) recording of evidence in inquiries and trials; and
(iv) all appellate proceedings or any other proceeding,
may be held in electronic mode, by use of electronic communication or use of audio-video
electronic means.
Explore myjudix.com to get access to the most practical and efficient judiciary coaching in India with a separate customised course for prelims and separate customized course for mains.
Section 531 of The Bharatiya Nagarik Suraksha Sanhita (BNSS):
Repeal and savings.
(1) The Code of Criminal Procedure, 1973 is hereby repealed. (2) Notwithstanding such repeal—
(a) if, immediately before the date on which this Sanhita comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1973, as in force immediately before such commencement (hereinafter referred to as the said Code), as if this Sanhita had not come into force;
(b) all notifications published, proclamations issued, powers conferred, forms provided by rules, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the said Code and which are in force immediately before the commencement of this Sanhita, shall be deemed, respectively, to have been published, issued, conferred, specified, defined, passed or made under the corresponding provisions of this Sanhita;
(c) any sanction accorded or consent given under the said Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Sanhita and proceedings may be commenced under this Sanhita in pursuance of such sanction or consent.
(3) Where the period specified for an application or other proceeding under the said Code had expired on or before the commencement of this Sanhita, nothing in this Sanhita shall be construed as enabling any such application to be made or proceeding to be commenced under this Sanhita by reason only of the fact that a longer period therefor is specified by this Sanhita or provisions are made in this Sanhita for the extension of time.
Links to important chapters of Bharatiya Nagarik Suraksha Sanhita (BNSS):
Section 30 to Section 40 of BNSS (Provisions relating to Arrest starting from Section 35):
Section 144-163 (Section 144,145,146 and 147 relate maintenance proceedings):
Section 173-Section 187 (including section 173 relating to FIR):
Section 188 to Section 209 (including section 193 relating to chargesheet/police report):
Section 210 to Section 222 (including provisions relating to cognizance):
Section 473 to Section 492) (Including Section 480, Section 481, Section 482, Section 483, Section 484, Section 485 that is, provisions relating to bail):
Comments