CrPC Section 470
⚖️ Section 470 CrPC – Exclusion of Time in Certain Cases
Text of Section 470:
Section 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 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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn shall be excluded.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 during which the person has been prosecuting with due diligence for obtaining the consent or sanction, shall be excluded.
(4) In computing the period of limitation, the time during which the offender:
has been absent from India, or
has avoided arrest by absconding or concealing himself,
shall be excluded.
✅ Explanation in Simple Terms:
Section 470 of CrPC deals with situations where the time taken in certain legal processes should not be counted while calculating the limitation period for filing a criminal case.
Let’s break this down clause by clause:
🔹 Subsection (1):
When someone has been trying in good faith to prosecute a case in another court, but that court did not have jurisdiction or could not entertain the case for some valid reason, then:
The time spent in that earlier prosecution is excluded from the limitation period.
Key conditions:
The prosecution must have been for the same facts.
It must have been done with due diligence and in good faith.
The earlier court must have rejected it due to lack of jurisdiction or a similar reason.
📝 Example: If a case is filed in a magistrate court, but later it turns out the magistrate has no jurisdiction, and the case is refiled in the correct court — the time spent in the wrong court won't be counted against the limitation period.
🔹 Subsection (2):
If a court has stayed (put on hold) the filing of a prosecution through an injunction or order, then:
The duration of the stay (including the days it was issued and withdrawn) is excluded from the limitation period.
📝 Example: If a court order prohibits filing of a case for 3 months, that 3-month period won’t count towards the limitation.
🔹 Subsection (3):
If prior sanction or consent from the government or authority is required by law before starting a prosecution:
The time taken to obtain that sanction is excluded.
📝 Example: For prosecuting a public servant under certain sections, permission from the government may be required. If it takes 2 months to get the sanction, that time doesn’t count toward the limitation period.
🔹 Subsection (4):
If the accused is either:
Absent from India, or
Avoids arrest by absconding or hiding,
then:
The time during which he was unavailable is excluded from the limitation period.
📝 Example: If an accused runs away and hides for 6 months, those 6 months don’t count in the time limit to file a case.
🧠 Purpose of Section 470:
The main objective is to ensure that technicalities or delays (like court issues, administrative sanctions, or accused escaping) do not unfairly block justice just because of limitation periods.
It ensures that the limitation clock pauses when:
Legal hurdles or procedural requirements are being fulfilled.
The accused is intentionally avoiding prosecution.
📌 Important Notes:
This section is closely connected to Section 468 of CrPC, which sets the time limits (limitation periods) for taking cognizance of certain offences.
Section 470 provides exceptions or extensions to those limitation periods.
It reflects the principle of fairness – both to the prosecution and the accused.
🧾 Illustration (Combined):
Suppose a person wants to prosecute a government official for criminal misconduct, but:
Needs prior sanction from the government (takes 3 months).
Files in the wrong court (takes 2 months before rejection).
The accused is hiding for 6 months.
➡️ If the limitation period for the offence is 1 year, then:
🟢 Total time that can be excluded under Section 470:
3 months (for sanction)
2 months (wrong court)
6 months (accused absconding)
That’s 11 months excluded, so effectively the prosecution gets 1 year + 11 months to file the case.
RELATED Blog
0 comments