Chapter XXXVI
Section 471 CrPC: Exclusion of date on which Court is closed
New Law Update (2024)
Section 532 BNSS
TRIAL COURT
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
Where the period of limitation expires on a day when the Court is closed, the Court may take cognizance on the day on which the Court reopens.
Important Sub-Sections Explained
Landmark Judgements
H.N. Parikh & Co. v. The State of Gujarat, (1983) GLR 493:
The Gujarat High Court held that Section 471 of the CrPC explicitly allows for the taking of cognizance on the day the Court reopens, if the limitation period expired on a day when the Court was closed. This aligns with Section 4 of the Limitation Act, 1963.
V.N. Sreedharan v. P.K. Sudheer, (2007) 1 KLT 351:
The Kerala High Court affirmed that Section 471 of the CrPC prevents a complaint from becoming time-barred if the last day of the limitation period falls on a court holiday, allowing the Court to take cognizance on its immediate re-opening day.