Exclusion of date on which Court is closed
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Summary
If the time limit for starting a criminal proceeding ends on a day the Court is closed, the Court may take cognizance when it next reopens. It applies when the expiry date falls on a holiday or a day the Court was shut during its normal working hours. A day is treated as closed only if the Court remained shut during its normal hours.
Example
Priya files a complaint whose limitation period ends on a public holiday when the Court is closed. When the Court reopens on the next working day, it may take cognizance of her complaint even though the deadline fell on the holiday.
Bare Act
Enacted textWhere 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.
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