Code: Section 518 BNSS
518.
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.
Explanation of Section 518 BNSS
Section 518 of the BNSS addresses the issue of continuing offences, specifying that for such offences, the limitation period to file charges or take legal action resets continuously. This means that a fresh period of limitation starts every moment the offence continues, which ensures that those committing a continuous offence can be held accountable for as long as their action persists.
For example, if someone is committing a crime over an extended period (like illegal logging or environmental damage), they will not be able to evade the statute of limitations simply because the offence occurred over several days or months. Each moment the crime continues effectively resets the time limit for taking legal action.
Illustration
Example 1: Environmental Pollution
If a factory continuously pollutes a river every day, this would be classified as a continuing offence. According to Section 518, each day the pollution continues, the statute of limitations resets, and the authorities have a new period to take legal action.
Example 2: Illegal Construction
An individual constructs a building without proper authorization, and the construction is ongoing. Under Section 518, each day the construction continues, a fresh limitation period begins, allowing authorities to act against the illegal structure for as long as the construction persists.
Common Questions and Answers on Section 518 BNSS
1. What is a continuing offence under Section 518 BNSS?
- Answer: A continuing offence is one that is committed over a period of time, where each moment the offence continues, a fresh limitation period for legal action begins. Examples include ongoing environmental damage or unlawful construction activities.
2. Does Section 518 apply to all offences?
- Answer: No, Section 518 applies only to continuing offences, where the action or violation is ongoing and extends over time. It does not apply to one-time, completed offences.
3. How does Section 518 impact the statute of limitations?
- Answer: Section 518 ensures that the statute of limitations resets every moment the offence continues. This means authorities can take action as long as the offence persists, without being limited by a traditional statute of limitations that would otherwise expire after a set period.
Conclusion
Section 518 of the BNSS effectively addresses the need for an extended statute of limitations for continuing offences. By resetting the limitation period each time the offence continues, it ensures that individuals or entities committing ongoing illegal actions can be held accountable for the entire duration of the offence.
