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BNSS, 2023
Start Practicing
BNSSChapter XXXVIIISection 518
Section518

Continuing offence

AI Assist

Summary

For an offence that continues over time, the limitation clock restarts at every moment while the offence continues. Practically, the time limit for beginning proceedings is measured from the last moment of the continuing conduct. That means authorities can prosecute so long as some part of the offence falls within the applicable limitation period.

Example

Arjun runs a small unit that discharges untreated waste into a river every day for three months. Because the pollution is a continuing offence, the limitation period restarts at every moment; the police can therefore file charges within the time measured from the last day the discharge occurred.

Bare Act

Enacted text

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.

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XXXVIII

Chapter XXXVIII

Limitation for Taking Cognizance of Certain Offences

In this chapter

  • 513Definitions
  • 514Bar to taking cognizance after lapse of period of limitation
  • 515Commencement of period of limitation
  • 516Exclusion of time in certain cases
  • 517Exclusion of date on which Court is closed
  • 518Continuing offence
  • 519Extension of period of limitation in certain cases
Previous · Section 517Exclusion of date on which Court is closedNext · Section 519Extension of period of limitation in certain cases