CrPC 470 — Exclusion of time in certain cases

Code of Criminal Procedure, 1973

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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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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