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.

Draft Format / Application

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