Criminal complaint time limit calculator
Section 514 of the BNSS, worked out to the day — including the starting day it tells you not to count.
Last day to file a criminal complaint
For offences punishable with up to three years, a court cannot take cognizance after the limitation period in section 514 of the BNSS. Pick the offence or its maximum punishment, then the starting date.
Time the accused was abroad or absconding, a stay order, or awaiting sanction.
Under section 514 of the Bharatiya Nagarik Suraksha Sanhita, a court cannot take cognizance of an offence after the limitation period: six months if it is punishable with fine only, one year if with imprisonment up to one year, and three years if with imprisonment of more than one year but not more than three. The period runs from the date of the offence — or when it, or the offender, became known — excluding that day. Offences punishable with more than three years have no period under section 514.
Key takeaways
- Only three periods exist, and they depend on the maximum punishment, not on what a court is likely to award: six months, one year or three years.
- The date that must fall inside the period is the date the complaint is filed or the FIR is recorded — not the date the court gets round to taking cognizance (s. 514, Explanation).
- The day the period starts from is not counted (s. 515(2)).
- Time the accused spent abroad or absconding, a stay order, and time waiting for sanction are excluded (s. 516).
- A late complaint is not automatically dead: a court may take cognizance if the delay is properly explained or justice requires it (s. 519).
| BNS | Offence | Maximum | Limitation |
|---|---|---|---|
| 296 | Obscene acts and songs | 3 months | 1 year |
| 329(3) | Criminal trespass | 3 months | 1 year |
| 126(2) | Wrongful restraint | 1 month | 1 year |
| 115(2) | Voluntarily causing hurt | 1 year | 1 year |
| 127(2) | Wrongful confinement | 1 year | 1 year |
| 329(4) | House-trespass | 1 year | 1 year |
| 351(2) | Criminal intimidation | 2 years | 3 years |
| 352 | Intentional insult to provoke breach of the peace | 2 years | 3 years |
| 356(2) | Defamation | 2 years | 3 years |
| 79 | Word, gesture or act intended to insult the modesty of a woman | 3 years | 3 years |
| 85 | Cruelty by husband or relatives | 3 years | 3 years |
| 118(1) | Hurt by dangerous weapons or means | 3 years | 3 years |
| 127(3) | Wrongful confinement for three days or more | 3 years | 3 years |
| 318(2) | Cheating | 3 years | 3 years |
| 316(2) | Criminal breach of trust | 5 years | None under s. 514 |
| 117(2) | Voluntarily causing grievous hurt | 7 years | None under s. 514 |
| 318(4) | Cheating and dishonestly inducing delivery of property | 7 years | None under s. 514 |
| 351(3) | Criminal intimidation by threat of death or grievous hurt | 7 years | None under s. 514 |
Maximum imprisonment from the section text of the Bharatiya Nyaya Sanhita, read 13 September 2026. Where offences are tried together, the period is decided by the one with the most severe punishment (s. 514(3)).
How the calculator works
- 1It sorts the offence into one of the four categories in section 514(2) by its maximum punishment. If you pick an offence from the list, it does this for you from the section text of the Bharatiya Nyaya Sanhita.
- 2It takes the starting date you choose under section 515(1): the date of the offence, the date the offence became known, or the date the offender was identified.
- 3It adds the period in calendar months to that date. Because section 515(2) excludes the starting day, a one-year period from 10 January ends on 10 January of the next year. Where the end month is shorter — a period from 31 August ending in February — the last day of that month is used.
- 4It adds any days you enter as excluded under section 516.
- 5It reports the last day to file, and how many days are left or have passed. It does not know court holidays: if the last day is one when the court is closed, section 517 lets the court take cognizance on the day it reopens.
Offences punishable with more than three years have no period under section 514, so they have no bar here.
Which date the period starts from
Most complaints start from the date of the offence. Section 515(1) gives two later starting points, and each is narrower than it sounds.
The date of knowledge applies only where the offence was not known to the aggrieved person or to any police officer when it happened — and then the period starts on the earlier of the day either of them learned of it. The date of identification applies only where it was not known who committed the offence — and then it starts on the earlier of the day the aggrieved person or the investigating officer learned who did. A person who knew all along cannot choose a later date.
A continuing offence is different again: section 518 starts a fresh period at every moment the offence continues, so there is no single starting day to enter.
| Situation | Period starts on | Clause |
|---|---|---|
| You knew of the offence, and who did it, when it happened | The date of the offence | s. 515(1)(a) |
| Nobody — neither you nor any police officer — knew of it at the time | The earlier of the day you learned of it and the day a police officer did | s. 515(1)(b) |
| The offence was known, but not who committed it | The earlier of the day you learned who, and the day the investigating officer did | s. 515(1)(c) |
| The offence is still going on | A fresh period at every moment it continues | s. 518 |
Time that does not count
Section 516 removes four kinds of time from the calculation. Enter the total as excluded days; the calculator adds it to the end of the period. What qualifies is a question for the court, and each kind has conditions.
| Time excluded | Condition | Clause |
|---|---|---|
| Prosecuting another case against the offender | Diligently, in good faith, on the same facts, in a court unable to hear it for defect of jurisdiction or a similar cause | s. 516(1) |
| A stay of the prosecution | The whole time the injunction or order continued, including the day it was made and the day it was withdrawn | s. 516(2) |
| A notice period, or waiting for sanction or consent | Where a law requires notice or prior sanction; the day of applying and the day of receiving the order are both excluded | s. 516(3) |
| The offender abroad, absconding or hiding | Time the offender was outside India, or avoided arrest by absconding or concealment | s. 516(4) |
Worked examples
Example 1: Hurt in a neighbourhood fight
- Offence
- BNS 115(2), voluntarily causing hurt — up to 1 year
- Date of the offence
- 10 January 2026
- Excluded time
- None
- 1.Maximum one year of imprisonment, so s. 514(2)(b): one year.
- 2.Start from 10 January 2026, not counting that day (s. 515(2)).
- 3.One year on from 10 January 2026 is 10 January 2027.
The complaint must be filed by 10 January 2027.
Example 2: Threats from a number nobody could trace
- Offence
- BNS 351(2), criminal intimidation — up to 2 years
- Threats received
- From March 2025
- Sender identified
- 31 August 2025
- 1.Maximum two years, so s. 514(2)(c): three years.
- 2.The offence was known but not who committed it, so the period starts on the day the sender was identified (s. 515(1)(c)).
- 3.Three years from 31 August 2025, excluding that day, is 31 August 2028.
The complaint must be filed by 31 August 2028.
Example 3: Defamation, with the publisher abroad for a while
- Offence
- BNS 356(2), defamation — up to 2 years
- Published
- 29 February 2024
- Publisher outside India
- 45 days in total
- 1.Maximum two years, so three years under s. 514(2)(c).
- 2.Three years from 29 February 2024 lands in February 2027, which has no 29th, so the last day of that month: 28 February 2027.
- 3.Add the 45 days the offender was abroad (s. 516(4)): 28 February 2027 plus 45 days is 14 April 2027.
The complaint must be filed by 14 April 2027.
More questions about this page
What is the time limit for filing a criminal complaint in India?▼
Is there a limitation period for serious offences like murder or rape?▼
From which date is the limitation period counted?▼
Does the complaint have to be filed, or cognizance taken, within the period?▼
Can a court accept a complaint filed after the limitation period?▼
What is the limitation period for a cheque bounce complaint?▼
What if the last day falls on a court holiday?▼
Official sources checked
The statutes, rules and regulator pages the statements on this page were checked against.
- Read 13 September 2026: the periods, commencement, excluded time, court closure, continuing offences and extension.
- Maximum imprisonment for each offence in the picker, read from the section text.
Not legal advice. GetNyay is not a law firm and does not practise law. The tool counts from the date and category you give it; which date and which category apply, and whether time is excluded, are questions for the court on the facts. For free legal help, contact your District Legal Services Authority or call NALSA on 15100.