Introduction to Section 516 BNSS
BNSS Section 516, under Chapter XXXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with the exclusion of time in certain cases while calculating the period of limitation for prosecuting offences. This section ensures that time lost due to genuine legal or procedural reasons is not counted against the prosecution. It applies to situations such as pursuing another case in good faith, delays caused by court orders, obtaining government sanction, or when the accused is absconding or abroad. This provision safeguards fair trials by preventing genuine cases from becoming time-barred due to unavoidable delays.
- Introduction to Section 516 BNSS
- What is BNSS Section 516 ?
- BNSS Section of 516 in Simple Points
- 516 BNSS Overview
- BNSS Section 516 Short Information
- Why BNSS 516 is Needed ?
- BNSS Section 516 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNSS Section 516 ?
BNSS Section 516, under Chapter XXXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023, lays down the rules for excluding certain time periods when calculating the limitation period for prosecuting offences. It covers situations like prosecuting a case in the wrong court in good faith, delays due to court stay orders, time taken for mandatory government sanction, or when the accused is abroad or absconding. This provision ensures that genuine cases are not dismissed as time-barred because of unavoidable legal or procedural delays, thereby protecting fairness in the justice process.
BNSS Section of 516 in Simple Points
1. Exclusion for Good Faith Prosecution in Wrong Court
Under Section 516(1), if a person has been prosecuting another case with due diligence and in good faith in a court that later turns out to have no jurisdiction, the time spent is excluded from the limitation calculation. The earlier case must be based on the same facts and against the same offender. This rule recognises that legal errors in choosing the court should not punish sincere attempts at justice. However, it applies only if the earlier case was filed honestly, without negligence. This protects victims from losing valuable time in genuine efforts to prosecute.
2. Exclusion for Periods Covered by Court Orders
Section 516(2) provides that if a prosecution is stayed by an injunction or court order, the entire period during which the order is in force is excluded from the limitation count. This includes both the day the order was issued and the day it was withdrawn. Such stays are often granted by higher courts to review legal issues before allowing proceedings to continue. This ensures that the prosecution is not penalised for delays beyond its control, maintaining fairness in the judicial process.
3. Exclusion for Government Sanction or Notice Requirements
Under Section 516(3), when a case requires prior government sanction or notice before prosecution can begin, the time taken for this process is excluded. The explanation clarifies that the day of applying for sanction and the day of receiving approval are also excluded. This is crucial in cases like corruption or offences involving public servants, where legal approval is mandatory before proceedings. It prevents the prosecution from losing valuable time due to administrative formalities.
4. Exclusion When the Offender is Abroad
Section 516(4)(a) ensures that the limitation period does not run while the offender is outside India or in a foreign territory administered by the Central Government. This provision prevents accused persons from escaping prosecution by staying abroad until the limitation expires. Once they return to India or are brought back, the limitation period resumes. This maintains the integrity of the justice process by removing incentives for offenders to avoid trial through geographical escape.
5. Exclusion for Absconding or Concealing to Avoid Arrest
Under Section 516(4)(b), if the accused absconds or hides to avoid arrest, the time spent in hiding is excluded from the limitation period. This prevents offenders from benefiting from their own wrongful conduct. It also reassures victims that justice will not be denied simply because the accused deliberately delayed proceedings. The provision supports law enforcement by ensuring they have the full legal time to act once the accused is found.
516 BNSS Overview
The core purpose of BNSS Section 516 is to extend fairness in limitation rules by excluding periods where the prosecution could not proceed due to legitimate obstacles. It recognises scenarios like pending proceedings in a wrong jurisdiction court, official stay orders, mandatory government approvals, or the accused’s deliberate absence. The section ensures that limitation laws serve their true purpose — preventing stale cases — without punishing sincere efforts to prosecute. By specifying conditions for such exclusions, the law strikes a balance between the rights of the accused and justice for the victim.
BNSS Section 516 – Detailed Explanation in 10 Key Points
1. Introduction to BNSS Section 516
BNSS Section 516, under Chapter XXXVIII of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with exclusion of time in certain cases when calculating the period of limitation for prosecuting offences. While Sections 514 and 515 set the duration and starting point of limitation, Section 516 clarifies which time periods should not be counted towards that limit. This ensures that unavoidable delays caused by legal or procedural reasons do not unfairly prevent prosecution. It acts as a safeguard for both the prosecution and the justice system, ensuring that technical delays do not result in cases being dismissed as time-barred.
2. Purpose of BNSS Section 516
The main objective of Section 516 is to provide fair adjustments to the limitation period in criminal cases. In many situations, delays occur due to reasons beyond the victim’s or prosecution’s control, such as pursuing another case in good faith or waiting for government sanction. Without excluding such periods, genuine cases could fail due to expired limitation. This section ensures that justice is not denied simply because time was lost in processes required or allowed by law. It reflects the principle that the law must be practical, not rigidly technical.
3. Exclusion for Good Faith Prosecution (Sub-section 1)
Section 516(1) states that if someone has been prosecuting another case with due diligence, either in a trial court or on appeal/revision, relating to the same facts and against the same offender, that time should be excluded from the limitation calculation. However, two conditions apply: the earlier case must be on the same facts, and it must have been prosecuted in good faith in a court that could not hear it due to lack of jurisdiction or a similar reason. This provision protects victims from losing time when they have genuinely tried to seek justice through the wrong legal forum.
4. Exclusion Due to Court Orders or Injunctions (Sub-section 2)
According to Section 516(2), if the prosecution is stayed by an injunction or court order, the period during which the order is in force is excluded from limitation. This includes the day it was issued and the day it was withdrawn. This ensures that the prosecution is not penalised for delays caused by binding legal orders, which they must obey. It is especially important in cases where higher courts issue temporary stays to examine the legality of proceedings before allowing them to continue.
5. Exclusion for Government Sanction or Notice (Sub-section 3)
In some offences, the law requires prior sanction or consent from the Government or another authority before prosecution can begin. Section 516(3) states that the time taken to give notice or obtain such sanction is excluded from limitation. The explanation clarifies that both the date of applying for consent and the date of receiving the approval order are excluded. This provision ensures that mandatory approval processes do not eat into the limited prosecution window, especially in corruption or public servant-related cases.
6. Exclusion When Offender is Abroad (Sub-section 4a)
Section 516(4)(a) provides that the limitation period does not run when the offender is absent from India or from any territory outside India under the Central Government’s administration. This prevents accused persons from escaping prosecution by staying abroad until the limitation expires. It ensures that fugitives cannot benefit from their absence and that the prosecution can resume once the accused returns or is brought back to India.
7. Exclusion for Absconding or Concealment (Sub-section 4b)
Section 516(4)(b) covers cases where the offender avoids arrest by absconding or concealing themselves. In such cases, the limitation clock stops for the duration of the absconding period. This discourages offenders from deliberately hiding to take advantage of the limitation rules. It also reassures victims and law enforcement that limitation will resume only when the accused can be lawfully apprehended, preventing injustice through deliberate delay.
8. Importance of “Due Diligence” and “Good Faith”
A critical part of Section 516 is the requirement for due diligence and good faith in the excluded actions. This means the prosecution must show it acted sincerely, promptly, and with genuine intent to pursue justice. If the earlier case was filed carelessly, without proper research, or with an ulterior motive, the time may not be excluded. This safeguard prevents misuse of the provision and ensures that only genuine, unavoidable delays get protection.
9. Practical Example – Wrong Jurisdiction Case
Suppose a victim files a criminal complaint in Court A, believing it has jurisdiction. After a year of proceedings, the court dismisses it for lack of jurisdiction. The victim then files the case in the correct Court B. Under Section 516(1), that one year is excluded from limitation because the earlier case was prosecuted in good faith on the same facts. This ensures that jurisdiction errors do not destroy a valid case.
10. Legal Significance of BNSS Section 516
Section 516 is a vital protective measure that ensures justice is not denied due to technical time limits when delays are caused by legitimate and unavoidable reasons. It supports the principle that limitation laws should prevent stale claims, but not punish genuine efforts to prosecute. By recognising specific scenarios for time exclusion, the BNSS creates a balanced system that is both efficient and fair. This section works in harmony with Sections 514 and 515 to form a complete framework for limitation in criminal cases.
Example 1 – Wrong Court Case
A victim files a case in Court A on 1st March 2023. After one year, it’s dismissed due to lack of jurisdiction. They file in the correct Court B on 10th March 2024. The one year spent in Court A is excluded from limitation under Section 516(1).
Example 2 – Accused Abroad
An offence occurs on 5th January 2022, and the accused leaves India on 10th February 2022, returning on 10th February 2023. This 1-year absence is excluded from the limitation period under Section 516(4)(a), ensuring the case remains valid.
BNSS Section 516 Short Information
| Key Point | Summary |
|---|---|
| Wrong Court Case | Time spent in good faith in wrong jurisdiction is excluded |
| Court Orders | Period of injunctions or stays is excluded |
| Government Sanction | Time for notice or sanction approval is excluded |
| Accused Abroad | Time offender is outside India is excluded |
| Absconding Accused | Time hiding to avoid arrest is excluded |
Why BNSS 516 is Needed ?
BNSS Section 516 is needed to ensure that justice is not denied due to technical time limits when delays are caused by legitimate and unavoidable reasons. Without this section, cases could be dismissed even when the prosecution acted promptly but was delayed by legal procedures, jurisdiction errors, or the accused’s deliberate avoidance. It balances the principle of timely justice with fairness, protecting victims’ rights while preventing misuse by offenders. In short, it ensures that limitation rules serve justice rather than defeat it.
BNSS Section 516 FAQs
BNSS 516
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.