Bharatiya Nagarik Suraksha Sanhita, 2023

Section 516 BNSS: Exclusion of Time in Certain Cases

Section 516 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for exclusion of specified periods while computing the limitation period for taking cognizance of certain offences. It covers time spent diligently prosecuting the matter before a court unable to entertain it, periods covered by a stay order, time required for statutory notice or sanction, and periods when the offender is outside India or is avoiding arrest.

Act: Bharatiya Nagarik Suraksha Sanhita, 2023 Act No.: 46 of 2023 Chapter: XXXVIII - Limitation for Taking Cognizance of Certain Offences In force: 1 July 2024 Reviewed: 12 September 2026

Meaning and scope of Section 516 BNSS

Section 516 does not itself create a fresh limitation period. Instead, it identifies periods of time that must be left out when a limitation period under Chapter XXXVIII is calculated. Under Section 513 BNSS, the expression "period of limitation" means the period specified in Section 514 for taking cognizance of an offence.

In practical terms, the provision prevents a prosecution from being treated as time-barred merely because time was consumed by specified circumstances such as bona fide proceedings before a court lacking jurisdiction, a judicial stay, the process of obtaining a legally required sanction, or the offender remaining beyond reach by absence or concealment.

Section 516 BNSS - Statutory Text

516. 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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.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.

Clause-by-clause explanation

1. Due diligence in another prosecution before the wrong forum

Sub-section (1) allows exclusion of time spent prosecuting another proceeding against the same offender where the person acted with due diligence. The benefit is conditional: the earlier prosecution must concern the same facts, must have been pursued in good faith, and the court must have been unable to entertain it because of a defect of jurisdiction or another cause of a similar nature.

2. Period covered by an injunction or stay order

Under sub-section (2), where institution of the prosecution is stayed by an injunction or order, the period for which the stay continues is excluded. The day on which the stay was issued and the day on which it was withdrawn are also excluded.

3. Statutory notice, consent or sanction

Sub-section (3) excludes the period of a required prosecution notice or the time required to obtain prior consent or sanction from the Government or another authority. The Explanation specifically excludes both the date of the application for consent or sanction and the date on which the authority's order is received while computing the time required for that process.

4. Absence from India, absconding or concealment

Sub-section (4) excludes the time during which the offender is absent from India or from a territory outside India under the administration of the Central Government. It also excludes time during which the offender avoids arrest by absconding or concealing himself.

How Section 516 fits into the BNSS limitation rules

Sections 513 to 519 form Chapter XXXVIII of the BNSS, which deals with limitation for taking cognizance of certain offences. Section 514 specifies the limitation periods, Section 515 governs when the period begins, Section 516 provides exclusions, Section 517 deals with expiry on a day when the court is closed, Section 518 concerns continuing offences, and Section 519 permits extension in specified circumstances.

BNSS provision	Subject	Practical role
Section 513	Definitions	Defines "period of limitation" for Chapter XXXVIII.
Section 514	Bar after lapse of limitation	Specifies the limitation periods for categories of offences covered by the provision.
Section 515	Commencement	Determines when the limitation period starts.
Section 516	Exclusion of time	Removes specified periods from the limitation calculation.
Section 517	Court closed	Addresses expiry when the court is closed.
Section 518	Continuing offence	Provides a fresh period of limitation during continuance of the offence.
Section 519	Extension of limitation	Allows cognizance after the prescribed period where statutory conditions are satisfied.

Important: Whether a prosecution is within limitation depends on the offence, the relevant starting date, any period that must be excluded, and any applicable saving or extension provision. The facts and procedural history of the particular case therefore remain important.

Relationship with the earlier Code of Criminal Procedure

Section 516 BNSS broadly carries forward the subject dealt with by Section 470 of the Code of Criminal Procedure, 1973. The BNSS came into force on 1 July 2024. Section 531 BNSS repeals the CrPC but contains savings for specified proceedings that were already pending immediately before commencement, including appeals, applications, trials, inquiries and investigations.

Accordingly, the applicable procedural code can depend on when the relevant proceeding began and on the savings provision. Older CrPC authorities on the corresponding language may remain relevant to interpretation, subject to the text of the BNSS and later binding judicial decisions.

Official sources and further reading

This page is an explanatory legal-information resource. For court filings, limitation calculations or case-specific advice, verify the current statutory text, applicable notifications and binding judicial decisions.