Code: Section 513 BNSS
For the purposes of this Chapter, unless the context otherwise requires, “period
of limitation” means the period specified in section 514 for taking cognizance of an offence
Explanation of Section 513 BNSS
Section 513 of the BNSS serves as a definition section, providing clarity on the term “period of limitation” within the context of the law.
Key points to note:
- What Is “Period of Limitation”?
It refers to the timeframe within which legal proceedings must be initiated for an offence. - Reference to Section 514:
This section refers to Section 514, which specifies the actual time limits for taking cognizance of various offences under the BNSS. - Importance of Context:
The term applies unless the context requires a different interpretation, meaning its application may vary based on the specific provisions of the law.
This definition is crucial as it helps standardize the understanding of legal time limits across different sections of the BNSS.
Illustration
Example 1: Filing a Complaint Within the Limitation Period
A person is assaulted, and the incident occurs on January 1, 2020. The law requires the complaint to be filed within three years (as per Section 514).
Since the complaint is filed on December 31, 2022, it falls within the “period of limitation” specified under Section 514.
Example 2: Exceeding the Limitation Period
A theft occurs on March 15, 2018, but the complaint is lodged on April 1, 2022.
According to Section 514, the limitation period has expired, and the Court cannot take cognizance of the offence. This period is determined by the “period of limitation” defined in Section 513.
Common Questions and Answers on Section 513 BNSS
1. What does “period of limitation” mean in legal terms?
- Answer: It refers to the timeframe within which legal proceedings must be initiated for an offence, as specified in Section 514 of the BNSS.
2. How is the period of limitation determined?
- Answer: The period is specified in Section 514, which outlines the time limits for different offences under the BNSS.
3. Can the period of limitation be extended?
- Answer: In certain cases, such as when the victim was incapable of filing due to specific reasons, the Court may extend the limitation period, but this is subject to legal provisions.
4. What happens if I file a case after the limitation period?
- Answer: The Court will likely reject the case as time-barred unless there are exceptional circumstances justifying the delay.
Conclusion
Section 513 of the BNSS provides a critical definition to ensure clarity regarding the “period of limitation” for taking cognizance of offences. By referring to Section 514, it ensures that legal proceedings are initiated within appropriate timeframes, promoting justice without unnecessary delays.
