Legal provisions regarding exclusion of time in certain cases under section 470 of the Code of Criminal Procedure, 1973.
(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.
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ADVERTISEMENTS:
However, 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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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:
ADVERTISEMENTS:
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.
ADVERTISEMENTS:
(c) Exclusion of date on which Court is closed
As per Section 471 of the Code of Criminal Procedure, 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. As per 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.