Section 516 BNSS: Exclusion of time in certain cases
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 516 BNSS at a Glance
Section 516 BNSS deals with exclusion of time in certain cases. It replaced Section 470 CrPC on 1 July 2024.
Section 516 BNSS Bare Act 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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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—
(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.
Source: Section 516, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 516 BNSS in Simple Words
Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is headed Exclusion of time in certain cases. Section 516(1) BNSS states that 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.
Section 516(2) BNSS deals with the institution of the prosecution being stayed by an injunction or order. Section 516(3) BNSS deals with notice of prosecution and with the previous consent or sanction of the Government or any other authority.
Section 516(4) BNSS deals with the time during which the offender has been absent from India or has avoided arrest by absconding or concealing himself.
When Section 516 BNSS Applies
- Section 516(1) BNSS states that 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.
- The proviso to Section 516(1) BNSS states 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.
- Section 516(2) BNSS applies where the institution of the prosecution in respect of an offence has been stayed by an injunction or order.
- Section 516(3) BNSS applies 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.
- Section 516(4)(a) BNSS applies to the time during which the offender has been absent from India or from any territory outside India which is under the administration of the Central Government.
- Section 516(4)(b) BNSS applies to the time during which the offender has avoided arrest by absconding or concealing himself.
Example of Section 516 BNSS
When Section 516 BNSS Does Not Apply
- Section 516 BNSS speaks of time to be excluded in computing the period of limitation. It does not deal with Section 517 BNSS, headed Exclusion of date on which Court is closed.
- Section 516 BNSS speaks of time to be excluded in computing the period of limitation. It does not deal with Section 519 BNSS, headed Extension of period of limitation in certain cases.
Section 516 BNSS in the CrPC (Previous Law)
Section 516 BNSS replaced Section 470 CrPC from 1 July 2024.
Section 470 of the Code of Criminal Procedure, 1973 is found from 1 July 2024 as Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading and the same text. Section 516(1) BNSS, Section 516(2) BNSS, Section 516(3) BNSS and Section 516(4) BNSS are Section 470(1) CrPC, Section 470(2) CrPC, Section 470(3) CrPC and Section 470(4) CrPC. The text contains no cross-reference to another section, so none is renumbered.
Each sub-section below names its own source.
FAQs on Section 516 BNSS
What time is excluded in computing the period of limitation under Section 516 BNSS?▼
Section 516(1) BNSS excludes the time during which any person has been prosecuting with due diligence another prosecution against the offender. Section 516(2) BNSS excludes 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. Section 516(3) BNSS excludes the period of such notice or, as the case may be, the time required for obtaining such consent or sanction. Section 516(4) BNSS excludes the time during which the offender has been absent from India or from any territory outside India which is under the administration of the Central Government, or has avoided arrest by absconding or concealing himself.
What does the proviso to Section 516(1) BNSS say about the exclusion?▼
The proviso states 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.
What does the Explanation to Section 516(3) BNSS say about the dates?▼
The Explanation states that 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.
What changed from Section 470 CrPC to Section 516 BNSS from 1 July 2024?▼
Section 516 BNSS has the same heading and the same text as Section 470 CrPC. Section 516(1) BNSS with its proviso is Section 470(1) CrPC with its proviso, Section 516(2) BNSS is Section 470(2) CrPC, Section 516(3) BNSS with its Explanation is Section 470(3) CrPC with its Explanation, and Section 516(4) BNSS is Section 470(4) CrPC.
Section 516 BNSS: Sub-sections Explained
Section 516(1) BNSS: Exclusion of time in certain cases
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Bare Act 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.
Section 516(2) BNSS: Exclusion of time in certain cases
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Bare Act Text
(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.
Section 516(3) BNSS: Exclusion of time in certain cases
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Bare Act Text
(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.
Section 516(4) BNSS: Exclusion of time in certain cases
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·