Exclusion of time in certain cases
AI Assist
Summary
Time spent pursuing another prosecution in good faith against the same offender is not counted in the limitation period, but only if that court could not entertain it for want of jurisdiction or a similar defect. Time during which a prosecution is stayed by injunction or order (including the days it was issued and withdrawn), time covered by notice or by the period needed to obtain any required government or authority consent (including the dates of application and receipt), and time the offender is absent from India or is absconding are also excluded.
Example
Ravi first prosecuted the accused in a lower court that later proved to lack jurisdiction, then started a right-court prosecution. When calculating the limitation for the second case, the time Ravi spent prosecuting the earlier good-faith case will be excluded under this rule.
Bare Act
Enacted text(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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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-
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(a) has been absent from India or from any territory outside India which is under the administration of the Central Government; or
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(b) has avoided arrest by absconding or concealing himself, shall be excluded.
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