Section 517 BNSS: Exclusion of date on which Court is closed (Formerly Section 471 CrPC)

Section 517 of Bharatiya Nagarik Suraksha Sanhita, 2023: Exclusion of date on which Court is closed

Official Bare Act Text

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

Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.

Explanation — —A Court shall be deemed to be closed on any day within the meaning of this section, if, during its normal working hours, it remains closed on that day.

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 517

Section 517 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 471 of the CrPC, 1973) provides that where the period of limitation expires on a day when the Court is closed, cognizance may be taken on the day on which the Court re-opens.

Court Holiday Protection: Where the period of limitation expires on a day on which the Court is closed, the Court may take cognizance on the day on which the Court re-opens.
Deemed Closure: A Court shall be deemed to be closed on any day if during its ordinary working hours it remains closed for any part of that day.
Lex Non Cogit Ad Impossibilia: Codifies the maxim that the law does not compel the impossible; a litigant cannot be penalized because the court was on vacation.

Key Landmark Precedents:

Sarah Mathew v. Institute of Cardio Vascular Diseases, (2014) 2 SCC 62: The Constitution Bench highlighted that Section 471 CrPC (Section 517 BNSS) protects litigants from losing remedies due to judicial holidays or court closures.
Harinder Singh v. S. Karnail Singh, AIR 1957 SC 271: Discussed the general principles of computing limitation when the terminal day falls on a court holiday.

Courtroom Practice & Strategic Litigation Guidance:

If limitation expired on a Sunday or during court summer/winter vacations, file the complaint on the immediate re-opening day, expressly invoking Section 517 in the limitation paragraph.