In Indian law, the period of limitation to file a criminal appeal depends on the nature of the case and the court from which the appeal is being made. Here is a detailed breakdown of the limitation periods for different types of criminal appeals:
Period of Limitation for Criminal Appeals
1. Appeal from Sessions Court to High Court:
– Criminal Procedure Code (CrPC) Section 374(2):
An appeal against a conviction passed by a Sessions Court must be filed within 60 days from the date of the judgment.
2. Appeal from Magistrate to Sessions Court:
– Criminal Procedure Code (CrPC) Section 374(3):
An appeal against a conviction passed by a Magistrate must be filed within 30 days from the date of the judgment.
3. Special Leave Petition (SLP) to the Supreme Court:
– Article 136 of the Constitution of India:
An SLP against a judgment or order from a High Court must be filed within 90 days from the date of the High Court’s judgment or order.
4. Appeals Under Special Laws:
– Certain statutes prescribe specific time limits for filing appeals. For instance, the Narcotic Drugs and Psychotropic Substances (NDPS) Act generally provides a 60-day period for filing appeals against orders made under the Act.
Important Points to Consider
1. Condonation of Delay:
– Under Section 5 of the Limitation Act, 1963, the appellate court has the discretion to condone the delay in filing an appeal if sufficient cause is shown. This means that if an appellant can provide a reasonable explanation for the delay, the court may permit the appeal to be heard even after the expiration of the prescribed period.
2. Computation of Limitation Period:
– The limitation period typically starts from the date of the judgment or order being appealed against. However, the time taken to obtain certified copies of the judgment is usually excluded from the computation of the limitation period.
3. Effect of Court Holidays:
– If the last day of the limitation period falls on a court holiday, the appeal can be filed on the next working day. This provision ensures that appellants are not penalized for court holidays.
Steps for Filing a Criminal Appeal
1. Consult a Lawyer:
– Seek legal advice to understand the merits of the case and the procedural requirements for filing an appeal.
2. Prepare the Appeal:
– Draft the grounds of appeal, and obtain certified copies of the judgment and other necessary documents.
3. File the Appeal:
– Submit the appeal along with the supporting documents within the stipulated time frame to the appropriate appellate court.
4. Follow Up:
– Ensure regular follow-up on the case and attend court hearings as required.
Conclusion
The period of limitation for filing a criminal appeal in India varies depending on the court and the type of conviction. It is essential to adhere to these timelines to preserve the right to appeal and seek justice effectively. Understanding these time limits and the process for filing an appeal can help individuals navigate the legal system more efficiently and ensure timely recourse to higher judicial authorities.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
