What is the time limit to file appeal

723 votes

Your case pertains to cognizable and bailable offences.

In case an order of acquittal has been passed by a judicial magistrate, the manner in which the recourse to appeal can be taken by the appellant varies with the way in which criminal proceedings had originally been initiated in the case -
1. When the proceedings were initiated on the basis of an FIR -
a) The appeal against an order of acquittal by the Magistrate can be preferred by the Public Prosecutor to the Court of Session upon the direction of the District Magistrate. This however can only apply in cases where the offence under Magisterial trial was a non-bailable and cognizable offence. The time limit for appeal in a Court of Session is 90 days from the date of the order of acquittal as per Article 114 of the Limitation Act, 1963.

b) For any other offence (like in your case - cognizable and bailable), an appeal lies before the High Court against the order of acquittal by the Court of Session or Magistrate. For such an appeal the State Government has to direct the Public Prosecutor to present an appeal to the High Court. As per section 378 (3) of the Code of Criminal Procedure, 1973 (CrPC) before one can present such an appeal before HC, one has to obtain leave to appeal from the same HC.

2. When the proceedings were initiated on the basis of a complaint -
The appeal against an order of acquittal by the Magistrate can lie before the High Court if the complainant, as per section 378(4) CrPC, makes an application seeking special leave to appeal from High Court and the High Court grants the same. Such an application has to be filed before the HC within 60 days from the order of acquittal by the Magistrate. Upon the grant of special leave to appeal, the complainant has to prefer an appeal to the HC within 30 days of such grant as per Article 114 of the Limitation Act, 1963.

Advocate Sudershani Ray LawRato

693 votes

Hi
In a criminal case,the complainant CANNOT appeal.
Only the state government has to appeal against the order of Junior civil judge at High court (Not district court).
In order to file an appeal, the state government should file a leave of appeal petition and only if leave of appeal is allowed, the state can appeal in the High court.
The period of limitation prescribed for State appeals against orders of acquittal under Art. 114 of the Limitation Act, 1963 is ninety days.

Advocate Rajagopalan LawRato

673 votes

Hello,

The limitation period for appeal in criminal cases against the order of acquittal will be 30 days in the Sessions Court. For your convenience, Section 378 of Cr.P.C. is being reproduced below:

“378. Appeal in case of acquittal.— (1) Save as otherwise provided in sub-section (2), and subject to the provisions of sub-sections (3) and (5),—

(a) the District Magistrate may, in any case, direct the Public Prosecutor to present an appeal to the Court of Session from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) the State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.

(2) If such an order of acquittal is passed in any case in which the offence has been investigated by the Delhi Special Police Establishment constituted under the Delhi Special Police Establishment Act, 1946 (25 of 1946) or by any other agency empowered to make investigation into an offence under any Central Act other than this Code, the Central Government may, subject to the provisions of sub-section (3), also direct the Public Prosecutor to present an appeal—

(a) to the Court of Session, from an order of acquittal passed by a Magistrate in respect of a cognizable and non-bailable offence;

(b) to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court [not being an order under clause (a)] or an order of acquittal passed by the Court of Session in revision.

(3) No appeal to the High Court under sub-section (1) or sub-section (2) shall be entertained except with the leave of the High Court.

(4) If such an order of acquittal is passed in any case instituted upon complaint and the High Court, on an application made to it by the complainant in this behalf, grants special leave to appeal from the order of acquittal, the complainant may present such an appeal to the High Court.

(5) No application under sub-section (4) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of six months, where the complainant is a public servant, and sixty days in every other case, computed from the date of that order of acquittal.

(6) If in any case, the application under sub-section (4) for the grant of special leave to appeal from an order of acquittal is refused, no appeal from that order of acquittal shall lie under sub-section (1) or under sub-section (2).”

I hope this helps.

Advocate B. Srikiran LawRato