Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 517: 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.
Brefe Detail
Section 517 of the Bharatiya Nagarik Suraksha Sanhita, 2023, outlines the commencement of the limitation period for prosecuting an offender. It specifies three scenarios in which the period begins: from the date of the offence, when the offence comes to the knowledge of the aggrieved person or police, or when the identity of the offender is known. Additionally, it states that the initial day is not included in the calculation of this period.
Question & Answers
Q1: When does the period of limitation commence according to Section 517?
A1: The period of limitation commences on the date of the offence, the date the offence comes to the knowledge of the aggrieved person or police officer, or the date the identity of the offender is known.
Q2: What are the three scenarios for the commencement of the period of limitation?
A2: The three scenarios are:
- (a) On the date of the offence;
- (b) When the offence is known to the aggrieved person or police;
- (c) When the identity of the offender is known.
Q3: How is the initial day treated in the computation of the limitation period?
A3: The initial day from which the period is to be computed is excluded from the calculation.
Example
- Scenario of Immediate Knowledge: If an offence occurs on January 1 and the victim is aware of it that same day, the limitation period starts on January 1.
- Scenario of Delayed Knowledge: If a victim discovers the offence on January 10, after it occurred on January 1, the limitation period starts on January 10.
- Scenario of Unknown Offender: If the offence was committed by an unknown individual on January 1, but the offender's identity is known on February 1, the limitation period starts on February 1.
Summary
Section 517 of the Bharatiya Nagarik Suraksha Sanhita, 2023, clarifies when the limitation period for taking legal action against an offender begins. It identifies specific situations that trigger the commencement of this period and specifies that the initial day of the offence is excluded from the calculation.
