Section 516 BNSS: Exclusion of time in certain cases (Formerly Section 470 CrPC)

Section 516 of Bharatiya Nagarik Suraksha Sanhita, 2023: Exclusion of time in certain cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded:

Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation, the period of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(3) Where notice of prosecution for an offence has been given, or where, under any law for the time being in force, the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offence, then, in computing the period of limitation, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

Explanation — —In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be excluded.

(4) In computing the period of limitation, the time during which the offender—

(a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or

(b) has avoided arrest by absconding or concealing himself, shall be excluded.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 516

Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 470 of the CrPC, 1973) specifies the periods of time that must be excluded when computing the period of limitation for taking cognizance of an offence.

Exclusionary Categories: In computing the period of limitation: (a) time during which person was prosecuting another prosecution diligently in good faith; (b) time during which institution/prosecution was stayed by an injunction or order; (c) time required for obtaining previous sanction or consent of Government under Section 217/218; (d) time during which offender has been absent from India or avoiding arrest/absconding.
Exclusion of Sanction Period: The time required for obtaining previous consent or sanction from the date of request to date of receipt shall be excluded.
Proof of Diligence: The prosecution bears the burden of establishing that stay orders or sanction requests were actively pursued.

Key Landmark Precedents:

State of H.P. v. Tara Dutt, (2000) 1 SCC 230: The Supreme Court held that statutory exclusions under Section 470 CrPC must be strictly proved by documentary evidence; vague assertions of investigation delays do not pause the limitation clock.
Jethmal Himmatmal Jain v. State of Maharashtra, 1981 Cri LJ 1813: Affirmed that the time taken by the competent sanctioning authority must be excluded in computing limitation for taking cognizance.

Courtroom Practice & Strategic Litigation Guidance:

Scrutinize the prosecution's sanction chronology: if the police took three years to forward the file to the Governor/Ministry, argue that bureaucratic lethargy prior to formal submission cannot be excluded under Section 516(3).