If an offender simply hides or flees the country long enough, the case automatically becomes time-barred.

Time spent absconding, hiding, or abroad is excluded from the limitation period calculation, so it does not help the offender avoid prosecution through delay.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 516

Exclusion of time in certain cases

(1) 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of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.§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 has 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 offence, then, in computing the period of limitation, the period of§

such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. Explanation.—In computing the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both 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.§

Why this exists

A rigid limitation deadline could unfairly reward offenders who flee the country, hide from arrest, or benefit from procedural obstacles like required government sanction or an injunction blocking prosecution -- none of which are the victim's fault. This provision stops the clock during these periods so the limitation period reflects genuine available prosecution time, not delays caused by legal hurdles or the offender's own evasive behaviour. It corresponds to section 470 of the earlier CrPC.

How courts read it

Courts applying the equivalent CrPC provision have held that the exclusion for a prior bona fide prosecution requires genuine good faith and a real jurisdictional or similar defect in the earlier proceeding, and that time spent absconding must be clearly established on evidence, not merely presumed from delay.

Common misconceptions

Myth: If an offender simply hides or flees the country long enough, the case automatically becomes time-barred.
Fact: Time spent absconding, hiding, or abroad is excluded from the limitation period calculation, so it does not help the offender avoid prosecution through delay.