Exclusion of date on which Court is closed
Section 471 of the Code of Criminal Procedure, 1973 deals with exclusion of date on which Court is closed. 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. The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
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.
Section 471, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 517 Exclusion of date on which Court is closed 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 The repealed enactment still governs what happened while it was in force.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.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
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
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 period of limitation in certain cases.
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 471
What have the courts held on Section 471 of the Code of Criminal Procedure?
Somesh Shokeen vs State Govt. of Nct of Delhi (02 May 2014) is the leading judgment on this section among those set out below: Provides for exclusion of period of limitation in certain cases.
How do I find court cases under Section 471 of the Code of Criminal Procedure?
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: CRPC 471, section 471 CRPC, section 471 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is 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 471 of the Code of Criminal Procedure, and has it changed?
2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 517 (Exclusion of date on which Court is closed), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 471 of the Code of Criminal Procedure come into force?
Section 471 of the Code of Criminal Procedure, cited as CRPC 471, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.