Section 470 The Code Of Criminal Procedure, 1973
Exclusion of time in certain cases Section 470 of Code of Criminal Procedure
As per Section 470(1) of Code of Criminal Procedure in computing the period of limitation the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision against the offender shall be excluded:
Provided that no such exclusion shall be made unless the prosecution relates to the same facts and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature is unable to entertain it.
(2) Where the institution of the prosecution in respect of an offence has been stayed by an injunction or order, then, in computing the period of limitation the period of the continuance of the injunction or order the day on which it was issued or made and the day on which it was withdrawn shall be excluded.
(3) Where notice of prosecution for an offence been given, or where under any law for the time being in force the previous consent or sanction of the Government or any other authority is required for the institution of any prosecution for an offense then, in computing the period of limitation the period of such notice or as the case be the time required for obtaining such consent or sanction shall be excluded.
(4) In computing the period of limitation, the time during which the offender-
(a) has been absent from India or from any territory outside India which is under the administration of the Central Government or
(b) has avoided arrest by absconding or concealing himself shall be excluded.