Criminal procedure | Limitation for taking cognizance

Section 471 CrPC: Exclusion of Date on Which Court Is Closed

Section 471 of the Code of Criminal Procedure, 1973 addresses a limitation period that expires when a court is closed. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 517.

Current legal position: The BNSS came into force on 1 July 2024. Section 517 carries forward the court-closure rule. The CrPC remains relevant to proceedings saved by Section 531 BNSS and to interpretation of the earlier law.

Text of Section 471 CrPC

471. Exclusion of date on which Court is closed

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.

Corresponding Section 517 BNSS, 2023

Section 517 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is titled Exclusion of date on which Court is closed. It retains the same substantive rule: when limitation expires on a day the court is closed, the court may take cognizance on its reopening day. Its Explanation likewise treats the court as closed when it remains closed during its normal working hours.

Read the official BNSS, 2023 text on India Code (PDF), including Sections 513 to 519 and the repeal-and-savings provision in Section 531.

Meaning and legal effect

Period of limitation means the legally prescribed period relevant to taking cognizance of certain offences. Cognizance refers to a competent criminal court taking judicial notice of an alleged offence for proceeding according to law; it is distinct from a trial or finding of guilt.

Under Section 471 CrPC and Section 517 BNSS, the court-closure rule prevents the expiry of limitation on a day when the court is not available during its normal working hours from defeating cognizance on the day it reopens. This provision concerns the final day of limitation and does not itself extend every filing deadline or replace the rules governing commencement and computation of limitation.

Practical example

Suppose the applicable period of limitation ends on a Sunday and the relevant criminal court remains closed throughout its normal working hours. If the court reopens on Monday, Section 517 BNSS permits it to take cognizance on Monday, subject to the other applicable legal requirements. If Monday is also a court holiday, the relevant reopening day must be identified from the court calendar.

CrPC and BNSS provision reference

Subject	CrPC, 1973	BNSS, 2023
Bar after limitation period	Section 468	Section 514
Commencement of limitation	Section 469	Section 515
Exclusion of time in certain cases	Section 470	Section 516
Expiry when court is closed	Section 471	Section 517
Continuing offence	Section 472	Section 518
Extension of limitation in certain cases	Section 473	Section 519

Section 514 BNSS - Bar to taking cognizance after limitation

This section generally restricts cognizance of offences falling within its prescribed limitation framework after the applicable limitation period expires, subject to the other provisions of the chapter.

Section 515 BNSS - Commencement of limitation

It determines when limitation begins, including rules involving knowledge of the offence or identity of the offender in the circumstances specified by the section.

Section 516 BNSS - Exclusion of time in certain cases

It addresses exclusion of specified periods, including diligent prosecution before a court unable to entertain the matter for jurisdictional or similar reasons, stays and certain sanction requirements, subject to statutory conditions.

Section 518 BNSS - Continuing offence

For a continuing offence, a fresh limitation period begins at every moment during which the offence continues.

Section 519 BNSS - Extension of limitation in certain cases

A court may take cognizance after limitation where the delay is properly explained or where doing so is necessary in the interests of justice, subject to the statutory test.

Application after 1 July 2024

The BNSS repealed the CrPC, 1973, subject to the savings in Section 531. In particular, appeals, applications, trials, inquiries and investigations pending immediately before commencement are addressed by the statutory savings provision. The applicable procedural law must therefore be determined with reference to the proceeding and the transition rules, rather than assuming that every older matter is governed exclusively by the BNSS.

Official legislation and further reading

For authoritative statutory wording, consult the Bharatiya Nagarik Suraksha Sanhita, 2023 (India Code) and the Ministry of Home Affairs - New Criminal Laws. For the earlier procedural framework, see the CrPC sections and guide.

This article is general legal information. Court calendars, limitation calculations, procedural facts and applicable savings provisions should be checked for the particular case.