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Home › Criminal Appeals: Limitation
Practice Explainer · Criminal Appeals

Counting the Days: Limitation in Criminal Appeals and How Condonation Works

A conviction is appealable — but only within a fixed window. These are the limitation periods that govern criminal appeals, the exclusions that extend them, and the discipline the courts apply when asked to condone delay.

The right of appeal in criminal cases is statutory, and so is its calendar. The periods come not from the BNSS itself but from the Schedule to the Limitation Act, 1963, supplemented by the special-leave timelines written into Section 419 BNSS (Section 378 CrPC) for appeals against acquittal. Missing the window does not always end the matter — Section 5 of the Limitation Act permits condonation for sufficient cause — but condonation is a plea for indulgence, not a right, and the safest course is to know the deadline before the judgment is even pronounced.

Where the deadlines actually come from

The BNSS creates the appellate forums — the Sessions Court for convictions by Magistrates, the High Court for sessions trials, and so on — but the time limits live in the Schedule to the Limitation Act, 1963. Two articles do most of the work: Article 115 for appeals by the convicted person, and Article 114 for appeals against acquittal. Around them operate Section 12 (exclusion of time for certified copies), Section 5 (condonation), and the special-leave machinery of Section 419 BNSS for complainants seeking to challenge an acquittal.

AppealProvisionPeriodStarting point
Convict’s appeal to the High CourtArticle 115(a), Limitation Act60 daysDate of the sentence or order
Convict’s appeal to any other court (e.g. Sessions)Article 115(b), Limitation Act30 daysDate of the sentence or order
State appeal against acquittalArticle 114, Limitation Act90 daysDate of the order appealed from
Appeal after special leave is grantedArticle 114, Limitation Act30 daysDate of the grant of special leave
Complainant’s application for special leaveSection 419(5) BNSS (378(5) CrPC)6 months (public servant) / 60 days (others)Date of the order of acquittal

The exclusions that quietly extend the window

Section 12(2) of the Limitation Act excludes the day on which judgment was pronounced and the time requisite for obtaining a certified copy of the judgment or order appealed from. In practice, this means the clock largely pauses between the date the copy application is filed and the date the copy is ready. Two habits protect the exclusion: apply for the certified copy immediately — ideally the same day — and preserve the copy application with its endorsement of filing and readiness dates, because the appellate registry computes “time requisite” from precisely those endorsements. Delay in applying for the copy is not excluded; only the time the copying department itself takes.

Condonation: indulgence with discipline

Section 5 of the Limitation Act applies to criminal appeals, and the test — sufficient cause — is applied with a justice-oriented tilt. But the jurisprudence has hardened in recent years, and three working rules emerge from how courts actually decide these applications.

Explain the whole period. An affidavit that accounts for the first month of delay but goes silent on the next three invites rejection. The chronology should run date-by-date from the judgment to the filing.
Custody is context, not a formality. For incarcerated appellants, courts accept the real-world difficulties of instructing counsel and arranging papers — but the application should say what was actually done and when, rather than reciting incarceration as a mantra.
The State gets no special latitude. Government appeals routed through layers of approval are a recurring source of long delays, and courts have grown visibly less tolerant of file-movement explanations unaccompanied by any sense of urgency.

A computing checklist before filing

Fix the forum first — Sessions Court or High Court — because the forum fixes the period (30 or 60 days).

Diarise the outer date from the day of pronouncement, then adjust for the certified-copy exclusion once the copy is ready.

For acquittal matters, identify who is appealing: the State’s 90-day appeal, and the complainant’s special-leave application with its own 60-day or six-month window, run on different tracks.

If the period has lapsed, prepare the condonation application with the same care as the appeal itself — supporting documents, medical records, copy-application endorsements — and file both together.

For a convict in custody, remember the jail-appeal route under Section 424 BNSS as a safeguard against time running out while private arrangements are made.

Limitation in criminal appeals is forum-specific and fact-specific: the periods above are the general scheme, but the correct computation in a given case depends on the precise order under challenge, the court it comes from and the dates on the certified-copy record. That computation should always be verified against the record before the last date is assumed.

Frequently Asked Questions

How long does a convict have to file an appeal?

Under Article 115 of the Limitation Act, an appeal from a sentence or order in a criminal case must be filed within 60 days where it lies to the High Court, and within 30 days where it lies to any other court, counted from the date of the sentence or order. The time properly spent obtaining the certified copy is excluded under Section 12.

What is the period for appeals against acquittal?

Article 114 gives the State 90 days from the order of acquittal. A complainant must first obtain special leave to appeal: under Section 419(5) BNSS the application for special leave must be filed within six months where the complainant is a public servant and within sixty days in every other case, and the appeal itself follows the grant of leave.

Can delay in filing a criminal appeal be condoned?

Yes. Section 5 of the Limitation Act applies, and courts condone delay where sufficient cause is shown — illness, custody-related difficulties, delay in obtaining copies, or genuine inability. The explanation must cover the whole period of delay, and courts scrutinise casual or unexplained delays, including those of the State, with increasing strictness.

Does a prisoner lose the right if the lawyer misses the date?

A convict in jail can present an appeal through the officer in charge of the jail under Section 424 BNSS (383 CrPC), and courts treat jail appeals with considerable indulgence on limitation. Counsel's negligence has often been accepted as sufficient cause, but it must be candidly pleaded and proved, not assumed.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 14 November 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.