Code: Section 517 BNSS
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.
Explanation of Section 517 BNSS
Section 517 of the BNSS addresses situations where the period of limitation for filing a case expires on a day when the Court is closed. It provides a practical solution to this issue by allowing the Court to take cognizance of the matter on the day it reopens, thus preventing the expiration of the limitation period due to the Court being unavailable.
For example, if the last day for filing a case falls on a national holiday or any other day the Court is closed, Section 517 ensures that the limitation period is extended to the first working day the Court reopens. This ensures that the rights of the parties involved are not adversely affected by the Court’s closure.
Illustration
Example 1: Filing Deadline During Court Holiday
A person needs to file a case, but the deadline for filing falls on a public holiday when the Court is closed. According to Section 517, the period of limitation will be extended, and the case can be filed the next day the Court is open.
Example 2: Court Closure Due to Special Reasons
If a Court is closed due to unforeseen circumstances like a local event or an emergency, and the limitation period ends during this closure, the party can file their case when the Court reopens, in line with Section 517.
Common Questions and Answers on Section 517 BNSS
1. What happens if the limitation period expires while the Court is closed?
- Answer: If the limitation period expires while the Court is closed, Section 517 allows the Court to take cognizance of the case on the first day it reopens.
2. How does the Court determine if it is “closed” under Section 517?
- Answer: The Court is considered “closed” if it is unavailable during its normal working hours on that day. This includes public holidays, local holidays, or any other day when the Court is not open for its usual operations.
3. Does Section 517 apply to all types of limitation periods?
- Answer: Yes, Section 517 applies to any situation where the period of limitation expires while the Court is closed, ensuring no party is prejudiced due to the Court’s temporary unavailability.
Conclusion
Section 517 of the BNSS offers a fair solution to the issue of limitation periods expiring during a Court’s closure. It ensures that no party is disadvantaged by the Court’s unavailability, allowing cases to be filed on the first working day the Court reopens.
