Practice paper — BNSS Chapter XXXVIII — Limitation For Taking Cognizance Of Certain Offences
35 questions · answer key at the end · no time limit
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1.For the purposes of Chapter containing Section 513, what does the term "period of limitation" mean?
- (A) The period specified in section 514 for taking cognizance of an offence.
- (B) The period for filing a civil suit under this Act.
- (C) The time allowed for completion of a criminal trial.
- (D) Any period specified elsewhere in the Code of Criminal Procedure.
2.The opening words "For the purposes of this Chapter" in Section 513 indicate that the definition of "period of limitation" applies to which scope?
- (A) To all statutes across Indian law.
- (B) To this Chapter only.
- (C) Only to section 514 itself.
- (D) Only to subordinate legislation made under this Act.
3.Section 513 includes the phrase "unless the context otherwise requires." If another provision in the same Chapter uses "period of limitation" in a clearly different sense, what follows from Section 513?
- (A) Section 513 completely prevents any other contextual meaning within the Chapter.
- (B) A different meaning would be allowed only if section 514 is amended.
- (C) A different contextual meaning may govern where the context otherwise requires.
- (D) Only the legislature, not the courts, may give a different meaning.
4.Which of the following best describes what the defined "period of limitation" refers to in Section 513?
- (A) The period for filing a charge-sheet by the police.
- (B) The period for lodging an appeal against conviction.
- (C) The period for completion of trial proceedings.
- (D) The period specified in section 514 for taking cognizance of an offence.
5.Which statement correctly captures the tricky distinction implied by Section 513 between "taking cognizance" and other procedural time-limits?
- (A) The term means the period specified in section 514 for taking cognizance of an offence.
- (B) The term covers the period for initiating prosecution and for taking cognizance equally.
- (C) The term refers to any procedural time-limit in criminal proceedings.
- (D) The term is the time allowed for filing appeals from convictions.
6.What is the period of limitation under Section 514 for an offence that is punishable with fine only?
- (A) Six months
- (B) Three months
- (C) One year
- (D) Three years
7.For the purpose of computing the period of limitation under Section 514, which date is treated as the relevant date?
- (A) Date of commission of the offence
- (B) The date of filing a complaint under section 223 or the date of recording of information under section 173
- (C) Date of conviction
- (D) Date of the first hearing in court
8.If two offences may be tried together, one punishable with imprisonment not exceeding one year and the other punishable with imprisonment exceeding one year but not exceeding three years, what period of limitation applies under Section 514?
- (A) One year
- (B) Six months
- (C) Three years
- (D) Each offence is to be computed separately
9.Under Section 514, what is the stated period of limitation for an offence punishable with imprisonment for five years?
- (A) Three years
- (B) Six months
- (C) One year
- (D) Not specified in sub-section (2)
10.Does Section 514 absolutely bar a Court from taking cognizance of an offence after the expiry of the period of limitation in every case?
- (A) No — except as otherwise provided in this Sanhita
- (B) Yes — there are no exceptions
- (C) No — Courts may still take cognizance if the accused consents
- (D) No — the bar applies only to offences punishable with fines
11.Under Section 515(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when does the period of limitation commence in relation to an offender under clause (a)?
- (A) On the date of the offence
- (B) On the date of conviction
- (C) On the date a complaint is filed
- (D) On the date of arrest
12.According to Section 515(2) of the Sanhita, how is the day from which the period is to be computed treated?
- (A) The starting day is included in the computation
- (B) The starting day is excluded from the computation
- (C) The starting day is included only if the person aggrieved knew the offence that day
- (D) The starting day is excluded only if a police officer was informed that day
13.If an offence was committed on January 1, the person aggrieved first learned of the commission on January 10, and a police officer first learned of it on January 8, when does the period of limitation commence under Section 515(1)(b)?
- (A) January 10 (when the person aggrieved knew)
- (B) January 1 (date of the offence)
- (C) January 8 (when the police officer knew)
- (D) The date a formal complaint is filed
14.Where the identity of the offender was not known initially, the identity is learned by the investigating police officer on March 1 and by the person aggrieved on March 5. Under Section 515(1)(c), when does the period commence?
- (A) March 1 (when the investigating officer knew)
- (B) March 5 (when the person aggrieved knew)
- (C) The date of the original offence
- (D) The date of arrest of the offender
15.Section 515(1)(c) refers to the identity being known to 'the police officer making investigation into the offence.' If a non‑investigating police officer learns the offender's identity earlier than the investigating officer and the person aggrieved, when, under the provision, does the limitation period commence?
- (A) On the day the non‑investigating police officer learned the identity
- (B) On the day the police officer making the investigation learned the identity
- (C) On the day the person aggrieved learned the identity
- (D) On the date of the offence
16.Under Section 516(1), which period must be excluded in computing the period of limitation?
- (A) The time spent on the trial of the same prosecution.
- (B) 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.
- (C) The time the offender spent in custody after conviction.
- (D) Only the period of appeal from a conviction.
17.When a prosecution has been stayed by an injunction or order, which of the following is excluded under Section 516(2) when computing limitation?
- (A) Only the period of continuance of the injunction or order (excluding the days it was issued and withdrawn).
- (B) Only the day on which the injunction or order was withdrawn.
- (C) The period of the continuance of the injunction or order, and the day on which it was issued or made, and the day on which it was withdrawn.
- (D) Only the day on which the injunction or order was issued.
18.A person prosecuted in good faith in a court that is unable to entertain the case due to lack of jurisdiction — is the time spent in that prosecution excluded under Section 516(1)?
- (A) Yes — provided the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause is unable to entertain it.
- (B) Yes — time is excluded irrespective of whether the court had jurisdiction.
- (C) No — time is excluded only if the prosecution was prosecuted elsewhere with consent of the Government.
- (D) Yes — but only if during that time the offender was absent from India.
19.Under Section 516(3), when computing limitation where prior consent or sanction is required, which of the following is correct about the dates to be excluded?
- (A) Neither the date of application nor the date of receipt of the order is excluded.
- (B) Only the date of application for consent or sanction is excluded.
- (C) Only the date of receipt of the order of the Government or authority is excluded.
- (D) Both 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 are excluded.
20.If an offender avoids arrest by absconding or concealing himself but remains within India, is that period excluded under Section 516(4)?
- (A) No — Section 516(4) excludes only absence from India or from territories outside India under Central Government administration.
- (B) Yes — Section 516(4)(b) excludes the time during which the offender has avoided arrest by absconding or concealing himself, irrespective of geographic location.
- (C) Yes — but only if the offender is outside a territory under the administration of the Central Government.
- (D) No — only periods of injunction or periods for obtaining consent are excluded in such cases.
21.According to Section 517 of the Bharatiya Nagarik Suraksha Sanhita, 2023, if the period of limitation expires on a day when the Court is closed, the Court may —
- (A) take cognizance on the day on which the Court reopens.
- (B) extend the limitation period by a fixed statutory number of days.
- (C) treat the matter as time‑barred and refuse cognizance.
- (D) require parties to file a fresh application after obtaining leave.
22.Under the Explanation to Section 517, a Court shall be deemed to be closed on any day within the meaning of this section if —
- (A) it is closed only after its normal working hours have ended.
- (B) during its normal working hours, it remains closed on that day.
- (C) judges are absent but the registry is functioning.
- (D) hearings are postponed but filings are accepted online.
23.If the period of limitation expires on a day when the Court is closed, by when may the Court take cognizance according to Section 517?
- (A) Only after a formal extension application is allowed.
- (B) On the day on which the Court reopens.
- (C) Any time within seven days after reopening.
- (D) On the last working day of that month.
24.Suppose a Court was open for a short period during its normal working hours and then remained closed for the rest of the normal hours on that day. Under the Explanation to Section 517, is that day necessarily 'deemed to be closed'?
- (A) Yes — any interruption during the day makes it deemed closed for Section 517.
- (B) Yes — if any hearings are cancelled the day is deemed closed.
- (C) No — the day is deemed closed only when it 'remains closed' during its normal working hours.
- (D) Yes — the day is deemed closed whenever filings are not accepted in person.
25.Does Section 517 apply where the Court is closed only after its normal working hours (for example, late in the evening)?
- (A) No — the provision applies only if the Court remains closed during its normal working hours.
- (B) Yes — it applies to any closure irrespective of when it occurs.
- (C) Yes — but only if the closure affects criminal proceedings.
- (D) Yes — but only if the closure is due to a public holiday.
26.What rule does Section 518 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lay down regarding the limitation period for a continuing offence?
- (A) A fresh period of limitation begins at every moment during which the offence continues.
- (B) The limitation period starts only when the offence is first committed.
- (C) No limitation period applies to continuing offences.
- (D) The limitation period only begins after the offence has ceased.
27.According to Section 518, when does a 'fresh period of limitation' begin to run in the case of a continuing offence?
- (A) Only when the offender is first charged.
- (B) Only after the offence has ceased.
- (C) Only at the commencement of the offence.
- (D) At every moment during which the offence continues.
28.If an offence continues up to the present moment, what practical implication follows from Section 518 about the limitation period?
- (A) The limitation period is constantly renewed and thus effectively runs from the last moment the offence continues.
- (B) The limitation period would have expired at the original starting point regardless of continuance.
- (C) The limitation period is frozen while the offence continues and resumes only after it ceases.
- (D) A single fresh period begins only once during the continuance and then stops.
29.Which of the following best describes the operation of limitation periods under Section 518 during the continuance of an offence?
- (A) The limitation period is tolled (paused) while the offence continues.
- (B) A fresh period begins at every moment during which the offence continues, so the limitation keeps restarting.
- (C) A single fresh period begins only after the offence ceases.
- (D) Limitation is calculated only from the date of first commission.
30.Under Section 518, from which point can the time for limitation most sensibly be regarded as effectively running when an offence continues up to a final moment?
- (A) From the initial commission of the offence.
- (B) From any chosen intermediate moment.
- (C) Effectively from the last moment during which the offence continues.
- (D) From the date the matter is reported to authorities.
31.Under Section 519 of the Bharatiya Nagarik Suraksha Sanhita, when may a Court take cognizance of an offence after the period of limitation has expired?
- (A) Only when the accused gives written consent after the limitation period has expired.
- (B) When the Court is satisfied that the delay has been properly explained or that it is necessary so to do in the interests of justice.
- (C) Only if the prosecution obtains prior governmental permission to proceed after limitation.
- (D) Only for offences carrying imprisonment of more than three years.
32.What does the opening phrase 'Notwithstanding anything contained in the foregoing provisions of this Chapter' in Section 519 primarily indicate?
- (A) It permits taking cognizance despite any contrary provision in the foregoing provisions of the Chapter.
- (B) It narrows the scope of the foregoing provisions of the Chapter.
- (C) It repeals the foregoing provisions of the Chapter.
- (D) It applies only where no other provision in the Chapter deals with limitation.
33.If there is no adequate explanation for the delay, can a Court still take cognizance after the limitation period under Section 519?
- (A) No — absence of an explanation always bars taking cognizance after limitation.
- (B) Yes — but only if the prosecution proves the absence of explanation was not deliberate.
- (C) Yes — the Court may still take cognizance if it is satisfied that doing so is necessary in the interests of justice.
- (D) Only with written approval of the Attorney General.
34.Who is empowered by Section 519 to take cognizance of an offence after the expiry of the period of limitation?
- (A) Only Sessions and Trial Courts specified elsewhere in the Chapter.
- (B) Only the Supreme Court.
- (C) Only courts expressly named in the preceding provisions of the Chapter.
- (D) Any Court may take cognizance of an offence after the expiry of the period of limitation if the stated conditions are satisfied.
35.Which statement correctly captures the standard a Court must meet before exercising the power under Section 519?
- (A) The Court may exercise the power only if satisfied either that the delay is properly explained or that taking cognizance is necessary in the interests of justice.
- (B) The Court may exercise the power whenever it believes public interest demands, without satisfying itself on the facts and circumstances.
- (C) The Court must be satisfied both that the delay is properly explained and that taking cognizance is necessary in the interests of justice.
- (D) The Court's power to act after limitation is automatic once the accused is produced before it.
Answer key
Explanations
- 1. (A) Section 513 defines "period of limitation" as the period specified in section 514 for taking cognizance of an offence. The provision therefore ties the term specifically to section 514 and to taking cognizance of an offence.
- 2. (B) Section 513 begins with "For the purposes of this Chapter," which means the defined meaning of "period of limitation" is intended to apply within that Chapter. It does not purport to define the term for other Parts of the Act or other statutes.
- 3. (C) The provision expressly states "unless the context otherwise requires," which permits a different meaning in a particular context within the Chapter. Thus contextual usage can override the default definition provided by section 513.
- 4. (D) Section 513 explicitly defines "period of limitation" as the period specified in section 514 for taking cognizance of an offence. It therefore refers to the time for taking cognizance, not to filing appeals, charge-sheets, or trial completion.
- 5. (A) Section 513 confines "period of limitation" to the period specified in section 514 for taking cognizance of an offence. It does not equate that period with other procedural time-limits like initiation of prosecution or appeals.
- 6. (A) Section 514(2)(a) specifies that the period of limitation is six months where the offence is punishable with fine only. Therefore the correct period is six months.
- 7. (B) The Explanation to Section 514 states that the relevant date for computing the period of limitation shall be the date of filing complaint under section 223 or the date of recording of information under section 173. Hence that date (or those dates) is/are relevant.
- 8. (C) Section 514(3) provides that where offences may be tried together the period of limitation is determined with reference to the offence punishable with the more severe (or most severe) punishment. Since the more severe punishment falls in the three-year category (Section 514(2)(c)), three years applies.
- 9. (D) Section 514(2) lists limitation periods only up to offences punishable with imprisonment not exceeding three years. It does not specify a period for offences punishable with imprisonment for five years, so such a period is not provided in sub‑section (2).
- 10. (A) Section 514(1) begins with the qualifying phrase 'Except as otherwise provided in this Sanhita,' which means the bar applies except where this Sanhita provides otherwise. Therefore it is not an absolute bar in every case.
- 11. (A) Clause (a) of Section 515(1) states that the period of limitation shall commence on the date of the offence. The other events are not mentioned in clause (a).
- 12. (B) Section 515(2) explicitly provides that in computing the period, the day from which such period is to be computed shall be excluded. The provision contains no conditional exceptions.
- 13. (C) Section 515(1)(b) provides that where the commission of the offence was not known, the period commences on the first day the offence comes to the knowledge of the person aggrieved or any police officer, whichever is earlier. Here the police officer knew on January 8, which is earlier than January 10.
- 14. (A) Section 515(1)(c) states that where it is not known by whom the offence was committed, the period commences on the first day the identity is known to the person aggrieved or to the police officer making investigation, whichever is earlier. March 1 is earlier.
- 15. (B) Section 515(1)(c) specifically refers to knowledge by the person aggrieved or by the police officer making investigation into the offence. Knowledge by a different (non‑investigating) police officer is not mentioned, so the relevant earlier date is when the investigating officer learned the identity.
- 16. (B) Section 516(1) specifies that the time during which any person has been prosecuting with due diligence another prosecution against the offender shall be excluded. The provision explicitly mentions prosecution in a Court of first instance or a Court of appeal or revision.
- 17. (C) Section 516(2) states that where the institution of the prosecution has been stayed by an injunction or order, the period of continuance and both the day it was issued/made and the day it was withdrawn shall be excluded. All three time-points are expressly excluded.
- 18. (A) The proviso to Section 516(1) qualifies the exclusion: no exclusion is made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which, from defect of jurisdiction or similar cause, is unable to entertain it. Thus exclusion applies only when those conditions are met.
- 19. (D) Section 516(3) and its Explanation state that the period required for obtaining consent or sanction is excluded, and expressly that both the date of application and the date of receipt of the order shall be excluded when computing the time.
- 20. (B) Section 516(4)(b) specifically excludes the time during which the offender has avoided arrest by absconding or concealing himself. This clause does not impose a geographic limitation, unlike clause (4)(a) which deals with absence from India or certain territories.
- 21. (A) Section 517 states that 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. The provision does not provide for an automatic extension, dismissal as time‑barred, or a requirement for a fresh application.
- 22. (B) The Explanation expressly states that a Court shall be deemed to be closed if, during its normal working hours, it remains closed on that day. Closures outside normal working hours or partial administrative functions are not covered by that definition.
- 23. (B) Section 517 provides that the Court may take cognizance on the day on which the Court reopens. The provision does not mention any requirement for an extension application or any alternative time limits.
- 24. (C) The Explanation defines 'deemed to be closed' as occurring if, during its normal working hours, the Court remains closed on that day. A day in which the Court was partially open is therefore not necessarily deemed closed under that definition.
- 25. (A) The Explanation specifies that a Court is deemed to be closed for the section's purposes only if, during its normal working hours, it remains closed on that day. A closure occurring only after normal working hours therefore does not trigger Section 517.
- 26. (A) Section 518 states: '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.' Thus a fresh period begins at every moment while the offence continues, not only at first commission or only after cessation.
- 27. (D) The provision expressly provides that 'a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.' Therefore the fresh period begins at every moment the offence continues.
- 28. (A) Section 518 requires that 'a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.' This means the limitation is continually renewed during continuance, so effectively the running can be said to come from the last moment the offence continued.
- 29. (B) The provision states that 'a fresh period of limitation shall begin to run at every moment of the time during which the offence continues.' That language indicates continual restarting (renewal) of the limitation period during continuance, not merely pausing or starting only after cessation.
- 30. (C) Because Section 518 provides that 'a fresh period of limitation shall begin to run at every moment of the time during which the offence continues,' the practical effect is that the limitation will be renewed continuously and thus can be regarded as effectively running from the last moment of continuance.
- 31. (B) The provision states that any Court may take cognizance after the expiry of the period of limitation if it is satisfied that the delay has been properly explained or that it is necessary to do so in the interests of justice. Thus the Court's satisfaction on those grounds is the condition for taking cognizance.
- 32. (A) The phrase 'Notwithstanding anything contained in the foregoing provisions of this Chapter' indicates that the power in Section 519 operates despite (i.e., notwithstanding) other provisions in the Chapter. It therefore allows the court to act despite contrary foregone provisions.
- 33. (C) Section 519 allows a Court to take cognizance after the limitation period either if the delay has been properly explained or if the Court is satisfied that it is necessary to do so in the interests of justice. Thus lack of explanation does not automatically bar cognizance if the interests of justice require it.
- 34. (D) The provision begins by stating 'any Court may take cognizance of an offence after the expiry of the period of limitation' provided it is satisfied on the facts and circumstances that delay is explained or taking cognizance is necessary in the interests of justice. Hence the power is conferred on any Court.
- 35. (A) Section 519 requires the Court to be 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.' The text uses 'or', not 'and', and ties the power to the Court's satisfaction on those grounds.