Code: Section 516 BNSS
(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on which it was withdrawn, shall be excluded.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 Section 516 BNSS
Section 516 of the BNSS deals with the exclusion of certain periods when calculating the limitation period for prosecuting an offence. This section ensures that delays caused by legal proceedings, procedural requirements, or the offender’s absence do not unfairly reduce the time available for initiating prosecution.
Key Provisions:
- Concurrent Prosecutions:
- If an individual is pursuing another prosecution related to the same facts, the time spent on that prosecution is excluded from the limitation period, provided the court lacked jurisdiction or faced similar issues.
- Injunctions or Orders:
- If an injunction or legal order stays the prosecution, the time during which the injunction is active is excluded from the limitation period.
- Notice or Consent Requirements:
- If legal provisions require prior notice or consent from the government before initiating prosecution, the time spent in obtaining such consent is excluded from the limitation period.
- Absence or Evasion of the Offender:
- If the offender is absent from India or evading arrest, the time during which they are absent or concealed is excluded from the limitation period.
Illustrations
Example 1: Concurrent Prosecution
A person, A, files a case against B in Court X. Due to jurisdiction issues, the case is dismissed. A then files the case in Court Y. The time spent in Court X is excluded from the limitation period for filing the case in Court Y, as long as the prosecution relates to the same facts and was pursued in good faith.
Example 2: Legal Injunction
C is charged with an offence, but an injunction from the High Court delays the proceedings. The time during which the injunction remains in effect is excluded from the limitation period when calculating the time to initiate prosecution.
Example 3: Government Consent Delay
D files a complaint requiring the government’s consent under a special law. The government takes six months to grant consent. These six months are excluded from the limitation period.
Example 4: Absconding Offender
E commits an offence but absconds to another country. The time E spends evading arrest is excluded from the limitation period for initiating prosecution.
Common Questions and Answers on Section 516 BNSS
1. What does “exclusion of time” mean in Section 516?
- Answer: It means that certain periods, such as when legal proceedings are pending, the offender is absent, or legal formalities are being fulfilled, do not count towards the limitation period for initiating prosecution.
2. Can the time spent in an unsuccessful case be excluded?
- Answer: Yes, if the previous case was related to the same facts and was pursued in good faith in a court that lacked jurisdiction, the time spent on it is excluded.
3. Does the offender’s absence from India always exclude time?
- Answer: Yes, if the offender is absent from India or a territory under the Central Government’s administration, the time of absence is excluded from the limitation period.
4. What happens if the offender hides within the country?
- Answer: If the offender evades arrest by concealing themselves within the country, the time during which they are hiding is excluded from the limitation period.
Conclusion
Section 516 BNSS provides essential safeguards against unfair limitations due to procedural delays, legal requirements, or the offender’s actions. It ensures that justice is not denied simply because of factors beyond the control of the prosecution.
