Second Division : Limitation Act

SECOND DIVISION: APPEALS (Articles 114-117)

This Division outlines the deadlines for challenging a court’s decision in a superior court. The periods are generally very short, ranging from 30 to 90 days, reinforcing the need for immediate action after a judgment.

Article 114. Appeals from Orders of Acquittal (Criminal Procedure)

• Clause (a) High Court Appeals:
  • Description: Appeals against a criminal acquittal order made under the Code of Criminal Procedure, 1898 (by the State or an affected party).
  • Limitation: Ninety Days (3 months).
  • When Time Begins: The date of the order appealed from.
• Clause (b) Private Party Appeals:
  • Description: Appeals by a private victim from an acquittal.
  • Limitation: Thirty Days (1 month).
  • When Time Begins: The date of the grant of special leave (permission to appeal).

Article 115. Appeals from Sentences and Orders (Criminal Procedure)

• Clause (a) Death Sentence:
  • Description: Appeals from a death sentence passed by a Court of Session or a High Court.
  • Limitation: Thirty Days.
  • When Time Begins: The date of the sentence.
• Clause (b) Other Sentences/Orders:
  • Sub-clause (i) To the High Court:
    • Limitation: Sixty Days.
    • When Time Begins: The date of the sentence or order.
  • Sub-clause (ii) To any other court:
    • Limitation: Thirty Days.
    • When Time Begins: The date of the sentence or order.
    • Practical Example: A person convicted by a Magistrate wants to appeal to the Court of Session. They have only 30 days from the conviction date to file the appeal.

Article 116. Appeals from Civil Decrees or Orders

• Description: Appeals against any judgment (decree) or specific judicial direction (order) in a civil case under the Code of Civil Procedure, 1908.
• Limitation (a) To a High Court: Ninety Days.
• Limitation (b) To any other court: Thirty Days.
• When Time Begins: The date of the decree or order.
  • Practical Example: A person loses a property case in a District Court and wants to appeal to the High Court. They must file the appeal within 90 days of the date the lower court signed the judgment.

Article 117. Inter-Court Appeal

• Description: Appeals from a decree or order of a High Court to the same High Court (e.g., from a single judge bench to a division bench).
• Limitation: Thirty Days.
• When Time Begins: The date of the decree or order.