BNSS 516 — Exclusion of time in certain cases.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory text

(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the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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.

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