Limitation Period for Appeals under the Limitation Act 1963
The Second Division - Appeals in the Schedule to the Limitation Act, 1963 contains Articles 114 to 117. These provisions prescribe limitation periods for specified criminal and civil appeals and state the event from which limitation begins to run.
Articles 114 to 117: Limitation periods for appeals
| Article | Description | Limitation period | Time begins to run |
|---|---|---|---|
| 114(a) | Appeal from an order of acquittal under section 417(1) or 417(2) of the Code of Criminal Procedure, 1898, as stated in the Schedule. | 90 days | Date of the order appealed from. |
| 114(b) | Appeal from an order of acquittal under section 417(3) of the Code of Criminal Procedure, 1898, as stated in the Schedule. | 30 days | Date of grant of special leave. |
| 115(a) | Appeal from a sentence of death passed by a Court of Session or by a High Court exercising original criminal jurisdiction, as described in the Schedule. | 30 days | Date of the sentence. |
| 115(b)(i) | Appeal from any other sentence or order, other than an order of acquittal, to the High Court, as described in the Schedule. | 60 days | Date of the sentence or order. |
| 115(b)(ii) | Such appeal to any other court. | 30 days | Date of the sentence or order. |
| 116(a) | Appeal under the Code of Civil Procedure, 1908 to a High Court from any decree or order. | 90 days | Date of the decree or order. |
| 116(b) | Appeal under the Code of Civil Procedure, 1908 to any other court from any decree or order. | 30 days | Date of the decree or order. |
| 117 | Appeal from a decree or order of a High Court to the same High Court. | 30 days | Date of the decree or order. |
Meaning of limitation period
Section 2(j) of the Limitation Act defines the period of limitation as the period prescribed for a suit, appeal or application by the Schedule, and prescribed period as that period computed in accordance with the provisions of the Act. Section 3 requires an appeal preferred after the prescribed period to be dismissed, subject to sections 4 to 24, even if limitation has not been pleaded as a defence.
Condonation of delay under Section 5
Section 5 permits an appeal or application, other than an application under Order XXI of the Code of Civil Procedure, 1908, to be admitted after the prescribed period when the appellant or applicant satisfies the court that there was sufficient cause for not filing within time. Condonation is not automatic; the explanation for delay and the governing statute must be examined in each case.
Exclusion of time for obtaining copies under Section 12
For an appeal, application for leave to appeal, revision or review, Section 12 provides for exclusion of the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order. Where a decree or order is appealed from, the time requisite for obtaining a copy of the judgment is also excluded in the circumstances stated in Section 12. The exact computation can depend on the governing procedural or special statute and the applicable court rules.
Important points before calculating limitation
1 Identify the exact statutory right of appeal and the forum.
2 Check whether a special or local law prescribes a different limitation period or restricts condonation.
3 Apply Sections 4 to 24 of the Limitation Act only to the extent legally applicable.
4 For criminal matters instituted around the 1 July 2024 transition, check the BNSS savings provision and the law governing the proceeding.
5 Record the date of the judgment/order, copy application and copy readiness/delivery dates where relevant.
Special laws may prescribe different periods
The table above is the Second Division of the Limitation Act Schedule; it is not a universal limitation chart for every appeal. Tax, insolvency, arbitration, consumer, company and other special statutes may prescribe their own appeal periods and may also control the extent to which delay can be condoned. The special enactment and applicable rules should therefore be checked before relying on Articles 114 to 117.
Official legal resources
For the authoritative statutory text, consult the India Code portal of the Government of India. For Supreme Court judgments, orders, rules and filing information, consult the Supreme Court of India website.
Last updated: 3 October 2026. This page is a general legal information resource. Court-specific rules, special enactments, amendments and binding judicial decisions may affect computation in an individual matter.