Section 470 CrPC: Exclusion of time in certain cases

Code of Criminal Procedure, 1973

Section 470 CrPC at a Glance

Section 470 CrPC deals with exclusion of time in certain cases. From 1 July 2024 it is replaced by Section 516 BNSS.

Now BNSS

What Section 470 CrPC Says

470. Exclusion of time in certain cases
(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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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 470, Code of Criminal Procedure, 1973

Section 470 CrPC in Simple Words

Section 470 of the Code of Criminal Procedure, 1973 is headed Exclusion of time in certain cases. Section 470(1) CrPC 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 470(2) CrPC deals with the institution of the prosecution being stayed by an injunction or order. Section 470(3) CrPC deals with notice of prosecution and with the previous consent or sanction of the Government or any other authority.

Section 470(4) CrPC deals with the time during which the offender has been absent from India or has avoided arrest by absconding or concealing himself.

When Section 470 CrPC Applies

Section 470(1) CrPC 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 470(1) CrPC 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 470(2) CrPC applies where the institution of the prosecution in respect of an offence has been stayed by an injunction or order.
Section 470(3) CrPC 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 470(4)(a) CrPC 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 470(4)(b) CrPC applies to the time during which the offender has avoided arrest by absconding or concealing himself.

Example of Section 470 CrPC

Meera starts a prosecution against Rohan in a Court which, from defect of jurisdiction, is unable to entertain it. The prosecution relates to the same facts, and Meera prosecutes it in good faith and with due diligence. Under Section 470(1) CrPC, the time during which Meera has been prosecuting that prosecution against Rohan shall be excluded in computing the period of limitation.

When Section 470 CrPC Does Not Apply

Section 470 CrPC speaks of time to be excluded in computing the period of limitation. It does not deal with Section 471 CrPC, headed Exclusion of date on which Court is closed.
Section 470 CrPC speaks of time to be excluded in computing the period of limitation. It does not deal with Section 473 CrPC, headed Extension of period of limitation in certain cases.

Section 470 CrPC Under BNSS 516: What Changed

Section 470 CrPC is now covered under Section 516 BNSS.

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.

View detailed comparison (CrPC 470 vs BNSS 516) →

FAQs on Section 470 CrPC

What time is excluded in computing the period of limitation under Section 470 CrPC?▼

Section 470(1) CrPC excludes the time during which any person has been prosecuting with due diligence another prosecution against the offender. Section 470(2) CrPC 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 470(3) CrPC excludes the period of such notice or, as the case may be, the time required for obtaining such consent or sanction. Section 470(4) CrPC 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 470(1) CrPC 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 470(3) CrPC 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.

Where is Section 470 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 470(1) CrPC with its proviso is found in Section 516(1) BNSS with its proviso, Section 470(2) CrPC in Section 516(2) BNSS, Section 470(3) CrPC with its Explanation in Section 516(3) BNSS with its Explanation, and Section 470(4) CrPC in Section 516(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·