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CrPC Section-470 - Exclusion of time in certain cases

Description

  • Prosecution in Another Case: The time during which any person has been prosecuting, with due diligence, another prosecution against the offender, whether in a Court of first instance or in a Court of appeal or revision, shall be excluded.

    • Provided: No exclusion shall be made unless the prosecution relates to the same facts and is conducted in good faith in a Court which, due to a defect of jurisdiction or similar cause, is unable to entertain the case.
  • Injunction or Order: Where the institution of the prosecution has been stayed by an injunction or order, the period of such injunction or order, including the day on which it was issued or made and the day it was withdrawn, shall be excluded.

  • Notice or Consent: Where notice of prosecution has been given, or where, under any law in force, the previous consent or sanction of the Government or another authority is required for the institution of prosecution:

    • The period taken for the notice or for obtaining such consent or sanction shall be excluded.
  • Absence or Concealment: If the offender has been absent from India or from any territory under the administration of the Central Government, or has avoided arrest by absconding or concealing themselves, the time of such absence or concealment shall be excluded.

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