Limitation Period for Suits Relating to Torts - Part VII of the Limitation Act 1963

Part VII of the First Division of the Schedule to the Limitation Act, 1963 prescribes limitation periods for specified suits relating to torts. These provisions are contained in Articles 72 to 91 and state both the applicable period and the event from which that period begins to run.

Meaning of tort: Section 2(m) of the Limitation Act, 1963 defines "tort" as a civil wrong which is not exclusively the breach of a contract or the breach of a trust. Section 2(j) explains that the "period of limitation" is the period prescribed for a suit, appeal or application by the Schedule.

Section 3 of the Act provides the general bar of limitation: subject to Sections 4 to 24, a suit instituted after the prescribed period is to be dismissed even if limitation has not been pleaded as a defence. The precise starting point therefore matters and must be read with the applicable Article and other relevant provisions of the Act.

Articles 72 to 91: Suits Relating to Torts

Article	Description of suit	Limitation period	Time from which period begins to run
72	For compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in the territories to which the Act extends.	One year	When the act or omission takes place.
73	For compensation for false imprisonment.	One year	When the imprisonment ends.
74	For compensation for malicious prosecution.	One year	When the plaintiff is acquitted or the prosecution is otherwise terminated.
75	For compensation for libel.	One year	When the libel is published.
76	For compensation for slander.	One year	When the words are spoken or, if the words are not actionable in themselves, when the special damage complained of results.
77	For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter.	One year	When the loss occurs.
78	For compensation for inducing a person to break a contract with the plaintiff.	One year	The date of the breach.
79	For compensation for an illegal, irregular or excessive distress.	One year	The date of the distress.
80	For compensation for wrongful seizure of movable property under legal process.	One year	The date of the seizure.
81	By executors, administrators or representatives under the Legal Representatives' Suits Act, 1855.	One year	The date of the death of the person wronged.
82	By executors, administrators or representatives under the Indian Fatal Accidents Act, 1855.	Two years	The date of the death of the person killed.
83	Under the Legal Representatives' Suits Act, 1855 against an executor, an administrator or any other representative.	Two years	When the wrong complained of is done.
84	Against one who, having a right to use property for specific purposes, perverts it to other purposes.	Two years	When the perversion first becomes known to the person injured thereby.
85	For compensation for obstructing a way or a watercourse.	Three years	The date of the obstruction.
86	For compensation for diverting a watercourse.	Three years	The date of the diversion.
87	For compensation for trespass upon immovable property.	Three years	The date of the trespass.
88	For compensation for infringing copyright or any other exclusive privilege.	Three years	The date of the infringement.
89	To restrain waste.	Three years	When the waste begins.
90	For compensation for injury caused by an injunction wrongfully obtained.	Three years	When the injunction ceases.
91(a)	For compensation for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion.	Three years	When the person having the right to possession of the property first learns in whose possession it is.
91(b)	For compensation for wrongfully taking or injuring or wrongfully detaining any other specific movable property.	Three years	When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful.

How the limitation period is applied

The Schedule identifies the ordinary limitation period for each listed cause of action. Computation can also be affected by the general provisions of the Limitation Act, including provisions concerning court closure, legal disability, exclusion of specified periods, fraud or mistake, acknowledgment and continuing breaches or torts, where their statutory requirements are satisfied.

Article 91 is especially important for movable property because its two clauses use different starting points. Clause (a) links commencement to knowledge of the person in possession, while clause (b) generally links commencement to the wrongful taking or injury, or to the point when detention becomes unlawful.

This page is a statutory reference and general legal information. The applicable limitation period can depend on the pleadings, cause of action, dates, special or local law and the operation of other provisions of the Limitation Act.