Section 470 CrPC: Exclusion of Time in Certain Cases
Section 470 of the Code of Criminal Procedure, 1973 explains when particular periods are left out while calculating limitation for criminal prosecution. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 516 BNSS.
Meaning and purpose of Section 470 CrPC
A period of limitation is the legally prescribed time within which a court may take cognizance of specified offences, subject to statutory exceptions. Exclusion of time means disregarding a qualifying interval when calculating that period; it does not automatically cancel the limitation rules or excuse every delay.
Section 470 addresses four situations: a prior prosecution diligently pursued in good faith before a court unable to entertain it; a court-ordered stay; mandatory prosecution notice or approval; and specified periods when the offender is abroad or evading arrest.
Section 470 CrPC: Statutory provision
470. Exclusion of time in certain cases
(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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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.
Explanation of the four exclusions
1. Earlier prosecution pursued with diligence and good faith
Under subsection (1), time spent pursuing another prosecution against the offender may be excluded only if it concerns the same facts, was prosecuted with due diligence and good faith, and the court could not entertain it because of a jurisdictional defect or a similar cause. Merely filing another case does not by itself satisfy these conditions.
2. Injunction or order staying prosecution
Subsection (2) excludes the period for which the institution of prosecution was stayed by a court order or injunction. The date on which the order was made and the date on which it was withdrawn are also excluded. The terms and effective duration of the order must be checked.
3. Mandatory notice, consent or sanction
Subsection (3) addresses the waiting period for a legally required notice, consent or sanction before prosecution may be instituted. The explanation specifically excludes both the application date and the date of receipt of the sanction decision when calculating the time required to obtain consent or sanction.
4. Offender outside India or avoiding arrest
Subsection (4) excludes time during which the offender was absent from India or a territory outside India administered by the Central Government, or avoided arrest by absconding or concealing himself. The relevant facts and duration must be established in the particular case.
Section 516 BNSS: Corresponding law from 1 July 2024
Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023, titled "Exclusion of time in certain cases", retains the four categories addressed in Section 470 CrPC. It is read alongside BNSS Sections 514 (bar to taking cognizance after expiry of limitation), 515 (commencement of limitation), 517 (court closure) and 519 (extension of limitation in certain cases).
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Limitation bar | Section 468 | Section 514 |
| Commencement of limitation | Section 469 | Section 515 |
| Exclusion of time in certain cases | Section 470 | Section 516 |
| Court closed on last day | Section 471 | Section 517 |
| Extension in certain cases | Section 473 | Section 519 |
The applicability of these provisions depends on the date and procedural status of the matter and any other applicable special law. The BNSS savings clause is particularly important for matters pending before 1 July 2024.
Illustrative calculation
Suppose an otherwise applicable limitation period is one year, and a legally effective order stays institution of prosecution for 40 days. If subsection (2) applies, the relevant stay period is excluded when computing limitation. This is only an illustration: the actual deadline must be calculated using the commencement rule, the exact order dates and all applicable statutory provisions.
Frequently asked questions
What does Section 470 CrPC provide?
It identifies circumstances in which certain time periods are excluded when calculating limitation for criminal prosecution.
What is the equivalent of Section 470 CrPC under BNSS?
Section 516 BNSS, titled "Exclusion of time in certain cases".
Does filing a case in the wrong court always stop limitation?
No. Subsection (1) requires the same facts, due diligence, good faith and inability of the earlier court to entertain the prosecution due to a jurisdictional defect or a similar cause.
Does the CrPC remain relevant after 1 July 2024?
Yes. Although repealed, the CrPC may continue to govern matters preserved by Section 531 BNSS. The status of the particular proceeding must be checked.
Official legal sources
Bureau of Police Research and Development: Bharatiya Nagarik Suraksha Sanhita, 2023 (official PDF)
India Code: Central Acts and updated legislative texts
Ministry of Home Affairs: criminal law notifications and resources
Legal note: This article is for general legal information. Always consult the applicable statute, commencement notifications, relevant orders and judicial decisions for an individual matter.