Bharatiya Nagarik Suraksha Sanhita, 2023
Section 515
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.
Why this exists
A strict limitation period would be unfair if it started running before anyone even knew a crime had occurred, or before the culprit's identity was known -- victims can't act on what they don't know. This provision ensures the clock only starts once the relevant knowledge actually exists, so genuine delays caused by concealment or ignorance don't unfairly bar prosecution. It corresponds to section 469 of the earlier CrPC.
How courts read it
Courts have consistently interpreted the equivalent CrPC provision to mean that knowledge of the commission of the offence, or of the offender's identity, must be actual and reasonably certain -- mere suspicion or rumour is not enough to start the limitation clock running.
Common misconceptions
- Myth: The limitation clock always starts on the exact date the offence occurred, no matter what.
Fact: If the offence or the offender's identity was unknown at the time, the clock instead starts from when it is actually discovered.