Generally, no — a criminal complaint filed beyond the prescribed period of limitation cannot proceed in Hyderabad courts, because the law itself bars cognizance of certain offences once the limitation period has lapsed. Under the relevant provisions of the Bharatiya Nagarik Suraksha Sanhita dealing with limitation for taking cognizance, offences punishable with fine only, or with imprisonment up to one year, generally carry a limitation of one year, while those punishable up to three years carry a limitation of three years. Serious offences punishable with more than three years' imprisonment have no limitation period at all, so this defence is only relevant to a specific category of cases.

If you are facing a criminal complaint in Hyderabad that appears to have been filed well after the limitation period expired, this is a strong and often decisive legal defence. The correct approach is to raise this objection at the earliest possible stage — ideally when the case is first listed, or through a petition under Section 528 BNSS (formerly Section 482 CrPC) before the Telangana High Court seeking quashing on the specific ground of limitation. Courts have consistently held that taking cognizance of a time-barred complaint, without recording reasons for condoning the delay, is legally unsustainable.

It is worth noting that the law does allow a court to condone delay if it is satisfied that there was sufficient cause, so the mere fact that a complaint was filed late does not automatically mean it will be thrown out; the complainant must justify the delay to the court's satisfaction, and this justification itself can be challenged. This is where legal strategy matters — your lawyer needs to examine not just the date of filing but whether the court's order taking cognizance addressed the limitation issue at all.

Calculating the correct limitation period requires careful attention to when the "period of limitation" is deemed to commence — generally from the date of the offence, or the date of knowledge of the offence in certain cases — and this calculation can be the difference between a valid and time-barred complaint. Getting this assessment right early is critical, and consulting our legal experts at Aapka Legal Advice can help you determine precisely whether your case qualifies for a limitation-based quashing petition.

Because limitation objections are technical and require precise reading of the complaint's timeline alongside the applicable offence classification, experienced representation is essential. The Top Criminal Lawyers in Hyderabad | Aapka Legal Advice panel works closely with retired judges who bring valuable bench-side perspective to limitation disputes, helping build a well-reasoned quashing petition. If you believe the criminal complaint against you in Hyderabad is barred by limitation, do not wait for the trial to progress — raising this defence promptly can bring the matter to an early and favourable close.