(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on which it was withdrawn, shall be excluded.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.\u2014In 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\u2014
(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.<\/p>\n","protected":false},"excerpt":{"rendered":"
(1) In computing the period of limitation, the time during which any person hasbeen prosecuting with due diligence another prosecution, whether in a Court of first instanceor 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 thesame facts and […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"","fifu_image_alt":"","footnotes":""},"categories":[32],"tags":[125,110,119,124,104,109,120,105,118,108,134,132,130,136,137,126,127,123,129,128,133,111,135,112,117,121,122,113,114,131,115],"class_list":["post-2254","post","type-post","status-publish","format-standard","category-bharatiya-nagarik-suraksha-sanhita-bnss","tag-bharatiya-nagarik-suraksha-sanhita-2023","tag-bharatiya-nyaya-sanhita","tag-bharatiya-nyaya-sanhita-in-english","tag-bhartiya-nagrik-suraksha-sanhita","tag-bns","tag-bns-2023","tag-bns-english","tag-bns-section","tag-bns-section-in-english","tag-bns-sections-list","tag-bnss-2024-india","tag-bnss-all-sections","tag-bnss-bare-act","tag-bnss-chapter-wise-sections","tag-bnss-fir-section","tag-bnss-full-form","tag-bnss-pdf-download","tag-bnss-sections-in-hindi","tag-bnss-sections-list","tag-bnss-vs-crpc","tag-crpc-replaced-by-bnss","tag-expert-vakil","tag-expert-vakil-bnss","tag-expertvakil","tag-expertvakil-bns","tag-indian-kanoon","tag-indiankanoon","tag-ishan-tathagat","tag-ishantathagat","tag-new-criminal-law-india","tag-new-ipc"],"yoast_head":"\n