Period of limitation
Also called: Limitation period
Under Section 2(j) of the Limitation Act, the period prescribed for a suit, appeal or application by the Schedule. In criminal law, the period in Section 514 BNSS for taking cognizance.
Explained
Section 2(j) of the Limitation Act, 1963 defines period of limitation as the period of limitation prescribed for any suit, appeal or application by the Schedule, and prescribed period as the period of limitation computed in accordance with the provisions of the Act. The first is the period read off the Schedule; the second is that period after applying the rules on exclusion and computation in Sections 4 to 24.
Section 3 makes the period mandatory. Subject to Sections 4 to 24, every suit instituted, appeal preferred and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. Section 5 allows an appeal or application, but not a suit, to be admitted after the prescribed period on sufficient cause, and excludes applications under Order XXI of the CPC. Under Section 29(2), where a special or local law prescribes a different period, Section 3 applies as if that period were in the Schedule, and Sections 4 to 24 apply unless expressly excluded. In Union of India v. Popular Construction Co. (2001), the words "but not thereafter" in Section 34(3) of the Arbitration and Conciliation Act were held to exclude Section 5.
Limitation ordinarily bars the remedy, not the right. Section 27 is the exception: on the expiry of the period for a suit for possession of any property, the right to that property is extinguished.
In criminal law, Section 513 of the BNSS defines period of limitation as the period specified in Section 514 for taking cognizance, which is six months for offences punishable with fine only, one year for imprisonment up to one year, and three years for imprisonment above one year and up to three years. Offences punishable more severely have no limitation. Under Section 515 the period begins on the date of the offence or, where the offence or the offender was not known, on the date of knowledge. The Explanation to Section 514 makes the relevant date the filing of the complaint or the recording of information, and Section 519 permits cognizance after the period where the delay is properly explained or justice requires it. These replace Sections 467 to 473 of the CrPC.
What the law says
(ii) any person whose estate is represented by the plaintiff as executor, administrator or other representative; (j) “period of limitation” means the period of limitation prescribed for any suit, appeal or application by the Schedule, and “prescribed period” means the period of limitation computed in accordance with the provisions of this Act;
Clause (j) defines period of limitation and prescribed period
(1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.
(2) For the purposes of this Act,—
(a) a suit is instituted,—
Bar of limitation
Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation.—The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
Extension of prescribed period on sufficient cause
(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.
(3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.
(4) Sections 25 and 26 and the definition of “easement” in section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882 (5 of 1882), may for the time being extend.
Periods under special or local laws
(1) Except as otherwise provided in this Sanhita, no Court shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.
(2) The period of limitation shall be—
(a) six months, if the offence is punishable with fine only;
Periods of limitation for taking cognizance
Earlier law: CRPC 468. Bar to taking cognizance after lapse of the period of limitation.
For the purposes of this Chapter, unless the context otherwise requires, “period of limitation” means the period specified in section 514 for taking cognizance of an offence.
Defines period of limitation for criminal cognizance
Earlier law: CRPC 467. Definitions.
For the exam
- Section 2(j): period of limitation is in the Schedule; prescribed period is the computed period.
- Section 3: a time-barred suit must be dismissed even if limitation is not pleaded.
- Section 5 extension applies to appeals and applications, never to suits.
- BNSS Section 514: 6 months, 1 year, 3 years; no limit for offences above three years.
- Section 27 Limitation Act extinguishes the right to property, not just the remedy.
588 questions in the Law Maker question bank use this term. Practise Limitation Act, 1963 questions
Judgments
Related terms
- Prescribed periodUnder Section 2(j) of the Limitation Act, the period of limitation computed in accordance with the Act, as distinct from the bare period fixed by the Schedule.
- Vigilantibus non dormientibus jura subveniuntThe law helps those who are vigilant about their rights, not those who sleep over them. It is the policy behind the law of limitation and the doctrine of laches.
- Nullum tempus occurrit regiTime does not run against the king. In India the maxim is not applied as such: the Limitation Act binds the Government, though it gives longer periods for certain government claims.
- ComplaintUnder Section 2(1)(h) of the BNSS, an oral or written allegation to a Magistrate, made so that he acts under the Sanhita, that some person, known or unknown, has committed an offence. A police report is excluded.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.