By LI Research
Published on: October 8, 2023 at 15:30 IST
The limitation period for major appeals refers to the maximum period of time within which an appeal can be filed. If an appeal is not filed within the limitation period, it will be barred by time and cannot be considered by the court.
The limitation period for major appeals varies depending on the type of appeal and the level of court. The following is a summary of the limitation period for major appeals in India:
Civil appeals
- First appeal: 30 days
- Second appeal: 60 days
- Civil revision: 90 days
Criminal appeals
- Capital punishment: 7 days
- Magistrate to Sessions Court: 30 days
- Sessions Court to High Court: 60 days
- High Court to Supreme Court: 30 days
- High Court to Supreme Court in special leave to appeal: 30 days
- Magistrate to High Court in acquittal in challan case: 30 days
- Magistrate to High Court in acquittal in complaint case: 60 days
- Sessions Court to High Court in acquittal in challan case: 30 days
- Sessions Court to High Court in acquittal in complaint case: 60 days
- High Court to Division Bench: 20 days
Legal procedures and appeals play a crucial role in the Indian judicial system, ensuring that justice is served and that individuals have the opportunity to challenge decisions made by lower courts or authorities. However, these procedures are subject to specific time constraints, known as limitation periods. These limitations are essential to maintain the efficiency and integrity of the legal system, preventing undue delays and ensuring that cases are resolved in a timely manner.
In India, different types of appeals and cases have varying limitation periods, each with its own set of rules and regulations.
1. First Appeal in Civil Cases (30 days): The first appeal in civil cases must be filed within 30 days of the original court’s decision. This allows individuals dissatisfied with the lower court’s judgment to present their case to a higher court.
2. Second Appeal in Civil Cases (60 days): If the first appeal does not yield a satisfactory outcome, a second appeal can be filed within 60 days from the date of the first appeal decision.
3. Civil Revision (90 days): In certain cases, parties may seek a civil revision, which must be filed within 90 days of the lower court’s judgment. This process allows for a review of the decision without resorting to full-fledged appeals.
4. Appeal in Capital Punishment Cases (7 days): In cases involving capital punishment, the limitation period for filing an appeal is just 7 days. This is a critical and time-sensitive matter that requires swift action.
5. Appeal from Magistrate to Sessions Court (30 days): When appealing a decision made by a Magistrate to a Sessions Court, individuals have 30 days to initiate the appeal process.
6. Appeal from Sessions Court to High Court (60 days): If the appeal is from a Sessions Court decision to a High Court, the limitation period is 60 days.
7. Appeal from High Court to Supreme Court (30 days): For cases being escalated from a High Court to the Supreme Court, the appeal must be filed within 30 days.
8. Appeal from High Court to Supreme Court in Special Leave to Appeal (30 days): Special Leave to Appeal allows for appeals to the Supreme Court in cases where there is a substantial question of law. The limitation period for this appeal is also 30 days.
9. Appeal from Magistrate to High Court in Acquittal (Challan Case – 30 days; Complaint Case – 60 days): When appealing an acquittal in a Challan Case, the limitation period is 30 days. In a Complaint Case, it is 60 days.
10. Appeal from Sessions Court to High Court in Acquittal (Challan Case – 30 days; Complaint Case – 60 days): Similar to the Magistrate level appeals, the limitation periods for appealing an acquittal from a Sessions Court are 30 days for Challan Cases and 60 days for Complaint Cases.
11. Appeal from High Court in Original Jurisdiction (Acquittal or Conviction – 20 days): When a case is decided by the High Court in its original jurisdiction and is subsequently appealed to a Division Bench, the limitation period is 20 days, whether it’s an acquittal or conviction.
12. Plaintiff’s Execution Period (6 years): In cases where a plaintiff seeks execution of a court order or judgment, they have a time frame of 6 years to initiate the execution process.
13. Limitation in Civil Suits (3 years from the cause of action): Civil suits must be filed within 3 years from the date the cause of action arises. This limitation is essential to ensure that disputes are resolved promptly.
14. Appeal from Death Sentence to High Court (7 days): Appeals from death sentences to the High Court must be filed within 7 days due to the gravity and urgency of such cases.
15. High Court Order on Original Side (Appeal – 20 days): If a party wishes to appeal a High Court order made on the original side of jurisdiction, they have 20 days to initiate the appeal process.
16. Appeal to Any Court Other Than High Court (30 days): Appeals to any court other than the High Court have a limitation period of 30 days.
17. Criminal Appeal to High Court (60 days): When appealing a criminal case to the High Court, the appeal must be filed within 60 days.
18. Appeal from Acquittal by State (6 months): Appeals from acquittals by the state must be filed within 6 months, allowing for a more extended period due to the complexity and seriousness of such cases.
Failure to adhere to these timelines can result in the dismissal of an appeal or case, may lead to dismissal of Plea. Legal professionals play a crucial role in guiding their clients through these processes and ensuring compliance with the relevant limitation periods.
It is important to note that the limitation period for major appeals can be extended in certain cases, such as when the appellant is a minor or a person with a disability. It is also important to note that there are certain exceptions to the limitation period, such as when the appellant was prevented from filing the appeal due to fraud or coercion.
If you are considering filing an appeal, it is important to consult with an experienced lawyer to determine the limitation period for your particular case.