Exclusion of time in certain cases
Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with exclusion of time in certain cases. 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 Act came into force on 01 Jul 2024.
(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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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.
Section 516, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 470 Exclusion of time in certain cases Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Somesh Shokeen vs State Govt. of Nct of Delhi
Decided under Code of Criminal Procedure 470, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
The period of limitation prescribed under Section 468 CrPC for taking cognizance of certain offences applies to the date of filing the complaint or institution of prosecution/criminal proceedings, and not to the date when the court or Magistrate takes cognizance. A complaint filed within the period of limitation cannot be rendered infructuous or defeated by delay in court proceedings beyond the control of the complainant, as this would violate the principle 'actus curiae neminem gravabit' (an act of the court shall prejudice no man). The limitation period commences from the date of the offence or the date when the offence is detected, as specified in Section 469 CrPC, and the court's act of taking cognizance is not subject to a separate limitation period.
On this section: Provides for exclusion of certain periods from the computation of limitation, including time during which the case was being diligently prosecuted in another court or in appeal/revision.
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C.p. Yogeshwara vs State of Karnataka
Decided under Code of Criminal Procedure 470, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Criminal proceedings for electoral offences cannot be quashed on the ground of limitation alone, as the court possesses statutory power under Section 473 CrPC to extend the limitation period in the interest of justice. However, the trial court must consider the question of limitation before proceeding further against the accused, taking into account the exclusion of the absconding period under Section 470 CrPC and the discretionary power to extend limitation under Section 473 CrPC, after hearing both parties.
On this section: Exclusion of time during which accused is absconding from computation of limitation period; the Government Pleader relied on this provision.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 516
What have the courts held on Section 516 of the Bharatiya Nagarik Suraksha Sanhita?
Somesh Shokeen vs State Govt. of Nct of Delhi (02 May 2014) is the leading judgment on this section among those set out below, though it was decided under CRPC 470, which this section replaced -- the court never mentioned this Act: Provides for exclusion of certain periods from the computation of limitation, including time during which the case was being diligently prosecuted in another court or in appeal/revision. Another 1 judgment on this section is set out below. They run from 2012 to 2014.
How do I find court cases under Section 516 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 516, section 516 BNSS, section 516 of the Bharatiya Nagarik Suraksha Sanhita. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Somesh Shokeen vs State Govt. of Nct of Delhi (02 May 2014).
What should I read with Section 516 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 470 (Exclusion of time in certain cases), so the judgments decided under that provision are the case law on this one.
When did Section 516 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 516 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 516, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.