Generally, a criminal case cannot proceed if the complaint is filed beyond limitation, since Section 468 CrPC (Section 514 BNSS) prescribes limitation periods for certain offences based on the severity of punishment, ranging from six months to three years. However, whether a criminal case can proceed if the complaint is filed beyond limitation ultimately depends on the specific offence, since serious offences carrying higher punishment have no limitation period at all, and courts retain discretion under Section 473 CrPC to condone delay where sufficient cause and the interest of justice warrant it. This tiered approach recognises that minor offences should not hang over someone indefinitely, while genuinely serious crimes should remain prosecutable regardless of how much time has passed.

Understanding which category your case falls into is the essential first step — offences punishable with fine only, or imprisonment up to one year, typically carry a six-month limitation period; those punishable with imprisonment exceeding one year but not exceeding three years typically carry a one-year period; and those punishable with imprisonment exceeding three years but not exceeding seven years typically carry a three-year period, while more serious offences remain unrestricted by any limitation period at all.

If your complaint may be time-barred, or if you are defending against one filed late, this limitation question deserves careful legal analysis before proceeding further, since the exact calculation of when the limitation period began, and whether any condonable delay genuinely applies, can significantly affect whether the case can proceed at all. This calculation is not always as straightforward as counting from the date of the incident, since certain circumstances can affect when the limitation clock actually starts running.

For assistance assessing limitation issues in your matter, our legal experts at Aapka Legal Advice can review the applicable timeline and advise accordingly, whether you are pursuing a complaint that may be approaching its limitation deadline or defending against one filed after the statutory window has closed. Our network of Top Criminal Lawyers in India and retired judges panel can help you navigate this technical but often decisive procedural issue, understanding exactly how courts have applied both the limitation rules and the discretion to condone delay in comparable cases. In conclusion, limitation can be a decisive, case-ending issue when properly raised, making an accurate, careful assessment of the applicable timeline essential to either side of a criminal matter.