Appeal against conviction after 2 years

Limitation period for filing appeal against conviction in a criminal case depends on various factors. Criminal Procedure Code, 1973 (Cr.P.C.) does not lay down any limitation period for filing appeals, though it lays down limitation period for taking cognizance of an offence. Limitation period for filing appeal against conviction in a criminal case is laid down in the Limitation Act, 1963. Article 115 of the Schedule to the Limitation Act lays down the following relevant provisions in this regard: (1) Appeal against sentence of death: For an appeal to be filed against conviction that results in a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction, the limitation period is 30 days. (2) Appeal from any other sentence or order (not being order of acquittal), when such appeal is filed in High Court: For an appeal to be filed against any other sentence or order (not being an order of acquittal), when such appeal is to be filed in a High Court, the limitation period is 60 days. (2) Appeal from any other sentence or order (not being order of acquittal), when such appeal is filed in any other court (i.e., other than High Court): For an appeal to be filed against any other sentence or order (not being an order of acquittal), when such appeal is to be filed in any other court (i.e., other than High Court), the limitation period is 30 days. These are the general rules for time limits for filing appeal against conviction in a criminal case. Note: It is noteworthy that as per Section 12(2) of the Limitation Act, the following periods have to be excluded from computing the aforesaid limitation period for filing appeal: (1) the day on which the judgment complained of was pronounced, has to be excluded; and (2) the time required for obtaining a copy of the order appealed from, has to be excluded. For example, if the judgment, against which appeal is to be filed, was pronounced on 18 September 2019, this day has to be excluded, i.e., the period of limitation will start from 19 September 2019. Secondly, if the application for getting a certified copy of the judgment is made on 23 September 2019 and the certified copy is actually delivered on 27 September 2019, then the time period from 23 September to 27 September will also be excluded from computing the limitation period for filing appeal against conviction.

Sir you may file appeal against conviction in limitation period.but if delay then explain cause of delay and apply for delay condonation .good luck

Thank you very much for your prompt reply.

Thank you sir