Section 517 BNSS: Exclusion of Date on Which Court Is Closed
Section 517 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a situation where the statutory period of limitation for taking cognizance expires on a day when the Court is closed. In such a case, the Court may take cognizance on the day on which it reopens.
Text of Section 517 BNSS
517. Exclusion of date on which Court is closed.
Where 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.
Meaning and effect of Section 517
Section 517 prevents a limitation period from effectively ending on a day when the Court is not open for normal judicial business. If the final day of the applicable limitation period falls on such a closed day, cognizance may be taken on the day the Court reopens.
- The provision applies where the limitation period expires on a day when the Court is closed.
- The Court may take cognizance on the next day on which the Court reopens.
- For this section, a Court is treated as closed if it remains closed during its normal working hours.
- The provision operates within Chapter XXXVIII of the BNSS, which deals with limitation for taking cognizance of certain offences.
How Section 517 works with other limitation provisions
Section 517 should be read as part of the complete limitation framework in Chapter XXXVIII. The surrounding provisions determine the applicable limitation rule, when limitation begins, periods that may be excluded, the effect of a continuing offence and circumstances in which limitation may be extended.
| BNSS provision | Subject |
|---|---|
| Section 514 | Bar to taking cognizance after lapse of period of limitation |
| Section 515 | Commencement of period of limitation |
| Section 516 | Exclusion of time in certain cases |
| Section 517 | Exclusion of date on which Court is closed |
| Section 518 | Continuing offence |
| Section 519 | Extension of period of limitation in certain cases |
Corresponding provision under the Code of Criminal Procedure, 1973
Section 517 BNSS corresponds to Section 471 of the Code of Criminal Procedure, 1973. The rule concerning expiry of limitation on a day when the Court is closed has substantially continued under the BNSS.
Official references
For the current text and status of the legislation, readers may refer to the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs - New Criminal Laws.
This page provides general legal information and should be read with the statutory text, applicable notifications and case-specific facts.