Section 470 of Criminal Procedure Code, 1973 is an exception to Section 469 regarding commencement of the period of limitation. Discuss the exceptions.

CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
Section 470 of Criminal Procedure Code, 1973 is an exception to Section 469 regarding commencement of the period of limitation. Discuss the exceptions.

Answer & Explanation:

Section 469 of the Criminal Procedure Code, 1973 fixes the day from which the period of limitation should begin to run. However, section 470 provides provisions for exclusion of time in certain cases. These are as under: (a) the period during which another prosecution was diligently prosecuted (the prosecution should relate to the same facts and is prosecuted in good faith); (b) the period of the continuance of the stay order or injunction (from the date of grant to the date of withdrawal) granted against the institution of prosecution; (c) where notice of prosecution has been given, the period of notice; (d) where previous sanction or consent for the institution of any prosecution is necessary, the period required for obtaining such consent or sanction including the date of application for obtaining the sanction and the date of the receipt of the order; (e) the period during which the offender is absent from India or from territory outside India under the Central Govt. administration; and (f) period when the offender is absconding or concealing himself.

Topics: Criminal Procedure Code

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