Limitation to file appeal against acquittal
Dear readers,
In this article I am going to share the limitation period for appeal against acquittal. Before going to detail please note the limitation period as given below:
30 days for private person
60 days for Government
Now I shall explain it with reference of Criminal Procedure Code CrPC and Limitation Act.
As per Criminal Procedure Code:
Under S. 417, Cr.P.C. appeal lies against the acquittal within 30 days however, if the order of acquittal is passed in any case instituted upon a complaint and the High Court, on an application made to it by the complainant, grants special leave to appeal from the order of acquittal, then the complainant may present such appeal to the High Court. U/S 417(3) Cr.P.C., the limitation period for moving application for grant of special leave to appeal is 60 days from the date of order of acquittal.
Application of Limitation Act :
Vide under S. 29 of the Limitation Act, 1908, S. 5 of the Act is not applicable, where the period of limitation is not provided in the Act but is governed by a special statute. Limitation period for filing of appeal against acquittal having not been provided by the limitation Act, 1908 but under S. 417, Cr.P.C. hence S. 5 of the limitation Act, 1908 would not apply.
Here is reliance of the Judgment of the Islamabad High Court:
2019 PCrLJ 194 Islamabad
