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Bharatiya Nagarik Suraksha Sanhita

Section 517

Exclusion of date on which Court is closed

Quick Answer Reference: Section 517 BNSS

  • Provision: Section 517 of BNSS
  • Act: Bharatiya Nagarik Suraksha Sanhita
  • Classification: LIMITATION FOR TAKING COGNIZANCE OF CERTAIN OFFENCES
  • Jurisdiction: India
  • Summary: If the time limit for a court case expires on a day when the court is closed, the court can take action on the day it reopens. This means that the court's closure doesn't stop the clock on the time limit.
Statutory Content

What does Section 517 of BNSS say?

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.

Indian StandardSection 517, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 517 (India)
Court Pleading StandardSection 517 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/517

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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
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Section Meaning & Purpose

What does Section 517 of BNSS mean?

Plain English Explanation

If the time limit for a court case expires on a day when the court is closed, the court can take action on the day it reopens. This means that the court's closure doesn't stop the clock on the time limit.

Practical Interpretation

In practical terms, this section ensures that the court's closure doesn't create a gap in the time limit. For example, if the time limit expires on a Sunday and the court reopens on Monday, the court can take action on Monday.

Core Legal Purpose

The core purpose of this section is to prevent the court's closure from creating a technical issue with the time limit. It ensures that the court can take action on the day it reopens, even if the time limit expired on a closed day.

Key Legal Elements
  • The time limit for a court case expires on a day when the court is closed.
  • The court reopens on the next working day.
  • The court can take cognizance on the day it reopens.
  • A court is deemed to be closed on any day within its normal working hours if it remains closed on that day.
Practical Example

Practical Example of Section 517 BNSS

Rajesh files a case against Priya on January 1st. The time limit for filing a case is 90 days. January 1st is a Sunday, and the court is closed. The time limit expires on March 1st, which is also a Sunday. The court reopens on Monday, March 2nd. According to Section 517, the court can take cognizance on March 2nd, even though the time limit expired on a closed day.

Common Questions (FAQ)

Frequently Asked Questions about Section 517 BNSS

Q: What is the punishment or consequence under Section 517 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?

This section applies to both private individuals and public entities, as it deals with the procedural aspect of court cases.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not deal with criminal offenses. Therefore, it is neither bailable nor cognizable.

People Also Ask (PAA)

Common Questions about Section 517 BNSS

What is Section 517 of BNSS?

Section 517 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Exclusion of date on which Court is closed". In plain terms: If the time limit for a court case expires on a day when the court is closed, the court can take action on the day it reopens. This means that the court's closure doesn't stop the clock on the time limit.

What is the punishment under Section 517 of BNSS?

Section 517 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 517 of BNSS bailable or non-bailable?

Whether Section 517 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 517 of BNSS?

The essential elements of Section 517 of BNSS are: The time limit for a court case expires on a day when the court is closed.; The court reopens on the next working day.; The court can take cognizance on the day it reopens..

Landmark Case Laws

Landmark Judgments under Section 517 BNSS

2014 8 SCC 273

Supreme Court of India

1978 1 SCC 248

Supreme Court of India

2017 10 SCC 1

Supreme Court of India

2013 2 SCC 1

Supreme Court of India