(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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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.
Bharatiya Nagarik Suraksha Sanhita
Section 516
Exclusion of time in certain cases
⚡ Quick Answer Reference: Section 516 BNSS
- Provision: Section 516 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
- Jurisdiction: India
- Summary: This section explains how certain periods are excluded when calculating the time limit for filing a case, such as when another case is being prosecuted or when there's an injunction.
What does Section 516 of BNSS say?
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What does Section 516 of BNSS mean?
Plain English Explanation
This section explains how certain periods are excluded when calculating the time limit for filing a case, such as when another case is being prosecuted or when there's an injunction.
Practical Interpretation
In practice, this section helps in extending the limitation period by excluding time spent on other related prosecutions, injunctions, or waiting for government sanctions.
Core Legal Purpose
The core purpose is to ensure that the time limit for legal action does not expire unfairly due to circumstances beyond the control of the person seeking justice.
- •Prosecution with due diligence in another case related to the same facts.
- •Institution of prosecution stayed by an injunction or order.
- •Notice of prosecution given or requirement of government consent for prosecution.
- •Offender's absence from India or evasion of arrest.
Practical Example of Section 516 BNSS
Rajesh wants to file a case against Amit for an offence, but another case against Amit is already pending in court. According to this section, the time spent on the other case will be excluded from the time limit for Rajesh's case, ensuring he doesn't miss the deadline due to the pending case.
Frequently Asked Questions about Section 516 BNSS
Q: What is the punishment or consequence under Section 516 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
The section applies to any person prosecuting another for an offence, which can include both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section does not deal with the nature of offences as bailable or cognizable; it pertains to the computation of the period of limitation.
Common Questions about Section 516 BNSS
What is Section 516 of BNSS?
Section 516 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Exclusion of time in certain cases". In plain terms: This section explains how certain periods are excluded when calculating the time limit for filing a case, such as when another case is being prosecuted or when there's an injunction.
What is the punishment under Section 516 of BNSS?
Section 516 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 516 of BNSS bailable or non-bailable?
Whether Section 516 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 516 of BNSS?
The essential elements of Section 516 of BNSS are: Prosecution with due diligence in another case related to the same facts.; Institution of prosecution stayed by an injunction or order.; Notice of prosecution given or requirement of government consent for prosecution..
Landmark Judgments under Section 516 BNSS
Sections commonly cited alongside Section 516
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