Period of limitation for filing appeal against conviction in criminal case

Period of limitation for filing appeal against conviction in criminal case

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What is the time limit or limitation period for filing an appeal against conviction in a criminal case?

Answer: Limitation period for filing appeal against conviction in a criminal case depends on various factors. Criminal Procedure Code, 1973 (Cr.P.C.) does not lay down any limitation period for filing appeals, though it lays down limitation period for taking cognizance of an offence. Limitation period for filing appeal against conviction in a criminal case is laid down in the Limitation Act, 1963. Article 115 of the Schedule to the Limitation Act lays down the following relevant provisions in this regard:

(1) Appeal against sentence of death: For an appeal to be filed against conviction that results in a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction, the limitation period is 30 days.

(2) Appeal from any other sentence or order (not being order of acquittal), when such appeal is filed in High Court: For an appeal to be filed against any other sentence or order (not being an order of acquittal), when such appeal is to be filed in a High Court, the limitation period is 60 days.

(2) Appeal from any other sentence or order (not being order of acquittal), when such appeal is filed in any other court (i.e., other than High Court): For an appeal to be filed against any other sentence or order (not being an order of acquittal), when such appeal is to be filed in any other court (i.e., other than High Court), the limitation period is 30 days.

These are the general rules for time limits for filing appeal against conviction in a criminal case.

Note: It is noteworthy that as per Section 12(2) of the Limitation Act, the following periods have to be excluded from computing the aforesaid limitation period for filing appeal:

(1) the day on which the judgment complained of was pronounced, has to be excluded; and

(2) the time required for obtaining a copy of the order appealed from, has to be excluded.

For example, if the judgment, against which appeal is to be filed, was pronounced on 18 September 2015, this day has to be excluded, i.e., the period of limitation will start from 19 September 2015.

Secondly, if the application for getting a certified copy of the judgment is made on 23 September 2015 and the certified copy is actually delivered on 27 September 2015, then the time period from 23 September to 27 September will also be excluded from computing the limitation period for filing appeal against conviction.

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  • nikhil

    there is case CRM-M-3416/2013 DOD-21 jan 2014 dismissed 156(3) crpc no FIR was made out and said approach to before the learned magistrate of your area if the decision jan 2014 then now today date is 19/07/2016 can i file fresh complaint under section 156(3) crpc before the learned magistrate or may be its limitation barred i cant file now.