Introduction to Section 515 BNSS
BNSS Section 515, under Chapter XXXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023, explains when the period of limitation starts for taking cognizance of certain offences. While Section 514 sets the time limit for prosecuting offences, Section 515 decides the exact point when the countdown begins. This can be the date of the offence, the date the offence becomes known, or the date the offender’s identity is known — depending on the situation. It ensures clarity and fairness, especially in cases where offences are hidden or the accused is unknown initially.
- Introduction to Section 515 BNSS
- What is BNSS Section 515 ?
- BNSS Section of 515 in Simple Points
- 515 BNSS Overview
- BNSS Section 515 – Detailed 10 Key Points Explanation
- 1. Introduction to BNSS Section 515
- 2. Purpose of BNSS Section 515
- 3. Limitation Starting on Date of Offence
- 4. Limitation Starting on Date of Knowledge of Offence
- 5. Limitation Starting on Date of Identifying the Offender
- 6. Priority of Earliest Date
- 7. Excluding the First Day from Calculation
- 8. Practical Example – Hidden Offence
- 9. Practical Example – Unknown Offender
- 10. Legal Significance of BNSS Section 515
- BNSS Section 515 – Detailed 10 Key Points Explanation
- BNSS Section 515 Short Information
- Why BNSS 515 is Needed ?
- BNSS Section 515 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNSS Section 515 ?
BNSS Section 515, under Chapter XXXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023, specifies when the limitation period begins for taking cognizance of an offence. It can start from the date the offence was committed, the date it became known to the victim or police, or the date the offender’s identity was discovered — whichever is earlier. The section also states that the starting day itself is excluded from calculation, ensuring fairness and clarity in criminal proceedings.
BNSS Section of 515 in Simple Points
1. Purpose and Scope
BNSS Section 515 exists to define the exact starting point of the limitation period for prosecuting offences under Chapter XXXVIII. It removes uncertainty in situations where offences are discovered late or the offender’s identity is revealed after investigation. By setting three clear triggers for when the limitation begins, it ensures consistent application in all cases. The rule of using the earliest applicable date prevents intentional delays in reporting. It also complements Section 514, which prescribes the actual time limits. This makes the justice process both fair and time-bound.
2. Date of Offence as the Start
The most direct starting point under BNSS Section 515(1)(a) is the date of the offence. This applies to cases where the offence is immediately known to the victim and law enforcement. For example, if a theft happens on 1st January, the limitation clock starts on that same date, excluding it from calculation. This method is straightforward, ensuring quick legal action. It is best suited for open and obvious crimes that require no investigation to detect. The aim here is to encourage prompt prosecution while evidence is still fresh.
3. Date of Knowledge of Offence
Under BNSS Section 515(1)(b), if the offence was unknown when committed, the limitation starts from the day it comes to the knowledge of the victim or any police officer — whichever is earlier. This is important for crimes like fraud, forgery, or embezzlement that are often concealed. For example, if fraud from March is found in July, the clock starts in July. This ensures victims are not deprived of justice simply because the crime was hidden from them. It adapts the limitation rules to real-world complexities.
4. Date of Identifying the Offender
BNSS Section 515(1)(c) applies when the offence is known, but the offender’s identity is unknown. In such cases, the limitation starts from the day the identity is first known to the victim or the investigating police officer — whichever is earlier. This is relevant for cybercrimes, hit-and-run cases, or anonymous threats, where the accused is identified only after investigation. It ensures prosecution starts only when a viable case can be made against a specific person, preventing premature expiry of limitation.
5. Exclusion of the First Day
BNSS Section 515(2) provides that the first day from which the limitation is calculated is excluded. For example, if the starting date is 10th August, counting begins from 11th August. This aligns with general limitation laws and prevents confusion over day-counting. The rule ensures fairness, giving the prosecution the full time allowed by law. It also simplifies calculations for courts and lawyers, avoiding technical disputes over partial days. This small detail plays a big role in accurate application of limitation rules.
515 BNSS Overview
The section removes ambiguity about the starting point of limitation in criminal proceedings. It covers three main triggers — the offence date, the discovery date, and the identification date — and always uses the earliest applicable date. It also states that the starting day itself is excluded from the calculation. This prevents disputes and ensures that both victims and accused have a clear understanding of when the legal clock starts ticking. The section balances timely justice with practical investigation needs.
BNSS Section 515 – Detailed 10 Key Points Explanation
1. Introduction to BNSS Section 515
BNSS Section 515 is a crucial provision under Chapter XXXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023, dealing with the commencement of the period of limitation. While Section 514 prescribes how long the limitation lasts, Section 515 explains when that limitation period starts. The idea is that in criminal law, the clock should start ticking from the right point — either when the offence occurs, when it becomes known, or when the offender is identified. This ensures fairness, especially in cases where the offence is discovered later or the accused’s identity is initially unknown. It balances prompt justice with practical investigation realities.
2. Purpose of BNSS Section 515
The purpose of BNSS Section 515 is to remove ambiguity about the starting point of the limitation period. In many criminal cases, the offence is not reported immediately, or the offender is not identified right away. Without clear rules, disputes could arise over whether a prosecution is within time. This section sets specific triggers for when the limitation starts — based on the date of offence, date of discovery, or date of identifying the offender. This avoids unfair dismissal of cases and ensures that the limitation period runs logically according to the facts.
3. Limitation Starting on Date of Offence
The primary rule in BNSS Section 515(1)(a) is that the period of limitation begins on the date of the offence. This is straightforward for offences that are immediately known to the victim and law enforcement, such as thefts, assaults, or public order violations. For example, if a petty theft happens on 1st January and is reported the same day, the limitation clock starts on 1st January. This approach encourages timely legal action and ensures quick justice for cases where facts are clear from the start.
4. Limitation Starting on Date of Knowledge of Offence
BNSS Section 515(1)(b) addresses situations where the offence was not known at the time it occurred. In such cases, the limitation starts on the first day the offence comes to the knowledge of either the victim or a police officer — whichever is earlier. This is important for offences like fraud or hidden crimes where discovery happens much later. For example, if financial fraud committed in March is discovered only in July, the limitation starts from July. This protects victims from losing their right to prosecute simply because the offence was concealed.
5. Limitation Starting on Date of Identifying the Offender
BNSS Section 515(1)(c) deals with cases where the offence is known, but the offender’s identity is unknown. Here, the limitation starts from the first day the offender’s identity becomes known to the victim or the investigating police officer — whichever is earlier. This provision is vital in crimes like cyber offences or hit-and-run incidents, where the offender might be traced only after investigation. It ensures the prosecution period begins when the accused is identifiable, preventing injustice due to investigative delays.
6. Priority of Earliest Date
A key feature of Section 515 is the “whichever is earlier” rule in clauses (b) and (c). This means that if both the victim and the police come to know of the offence or the offender’s identity at different times, the limitation starts from the earlier date. This prevents manipulation or deliberate delay in reporting to extend the limitation period. It promotes timely reporting and investigation while keeping the process fair for the accused, who should not be indefinitely exposed to prosecution risk.
7. Excluding the First Day from Calculation
Section 515(2) clearly states that the first day from which the period is to be computed shall be excluded. This is consistent with general legal principles in calculating limitation. For instance, if the offence date is 1st January and the limitation is six months, the count starts from 2nd January. This rule prevents technical disputes about counting days and ensures fairness in calculation, especially in cases where the offence or offender is identified late in the day.
8. Practical Example – Hidden Offence
Suppose an accountant commits embezzlement on 1st March 2024, but the company discovers it only on 15th August 2024. As per Section 515(1)(b), the limitation starts from 15th August — the date of discovery — because the offence was initially unknown. If the limitation period for the offence is three years under Section 514, the prosecution must start before 14th August 2027. This example shows how the law adapts to hidden crimes.
9. Practical Example – Unknown Offender
Imagine a vandalism incident occurs on 1st January 2024, but CCTV footage identifying the culprit is found only on 1st May 2024. Under Section 515(1)(c), the limitation begins from 1st May — the date the offender was identified. If the limitation period is one year, the prosecution must begin before 30th April 2025. This ensures that cases where the accused is unknown at first are not unfairly dismissed.
10. Legal Significance of BNSS Section 515
BNSS Section 515 plays a vital role in ensuring justice and procedural fairness. It recognises that not all offences are detected instantly and that identifying offenders can take time. By setting clear starting points for limitation, it prevents both unfair delays in prosecution and premature dismissal of valid cases. This section works hand-in-hand with Section 514 to form a complete legal framework for limitation in criminal cases — ensuring clarity for victims, investigators, prosecutors, and courts alike.
Example 1 – Offence Discovered Late
A fraud occurs on 1st March 2024 but is discovered only on 10th August 2024. The limitation period starts from 10th August because the offence was unknown earlier.
Example 2 – Offender Identified Later
A theft happens on 5th January 2024, but the accused is identified through CCTV only on 1st May 2024. The limitation period begins from 1st May as the offender’s identity was unknown before.
BNSS Section 515 Short Information
| Key Point | Summary |
|---|---|
| Purpose | Decides when limitation period starts in criminal cases |
| Three Triggers | Offence date, offence discovery date, offender identification date |
| Earliest Date Rule | Uses whichever applicable date comes first |
| Excluding First Day | The starting day is not counted in limitation |
| Fairness | Protects both victims and accused by clear timelines |
Why BNSS 515 is Needed ?
BNSS Section 515 is necessary because not all crimes are detected immediately, and sometimes the accused’s identity is discovered only after investigation. Without this section, victims could lose their right to prosecute simply due to late discovery of facts. It provides a fair, flexible system for starting the limitation clock, based on real-life situations. It also prevents misuse by ensuring the earliest applicable date is used, stopping unnecessary delays in initiating legal action. This balance between fairness to victims and protection for the accused makes it an essential provision in the BNSS.
BNSS Section 515 FAQs
BNSS 515
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