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manu (advocate)     19 September 2008

time barred criminal appeal

sirs,

can i file criminal appeal after the limitation period??

which is the enabling provision to file the same after condoning the delay???

what are the reasons usually given to condone the delay in filing crl appl???



Learning

 4 Replies

Shree. ( Advocate.)     19 September 2008

Dear Manu,




 


Limitation in criminal matters - As per section 468 of Cr PC, Court cannot take cognizance of offence after expiry of following limitation period - (a) Six months, if the offence is punishable only with fine (b) One year, if the offence is punishable with imprisonment for a term not exceeding one year (c) three years, if the offence is punishable with imprisonment for a term not exceeding three years. However, in case of economic offences, there is no time limit.




 


 

SHEKHAR MISHRA (public servant)     19 September 2008

manu,


u    can    file   Cr.  appeal     which   is    time  barred    along     with    a  limitation    petition   under   section    5    of     Limitation    Act. Look    in     to    limitation   Act    1963.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 September 2008

Manu,


In appropriate cases court can extend the benefit of section 5 of the Act. Delay caused in filing the application was not wilful. In view ofthe fcts and circumstances, delay should be condoned on payment of costs.

hisifybird (retd)     16 March 2011

Dear Shree,  You have mentioned as " However, in case of economic offences, there is no time limit."

Can you please tell me where this is mentioned? As I am interested.


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