Legal Advice

Limitation of criminal appeal against the order of acquittal 

Question: What is the limitation of criminal appeal against the order of acquittal? If a victim files a criminal appeal under section 372 (provided) against acquittal before the court of session then what will be the limitation period for this? 


Under Section 378(5) of the code of criminal procedure 1973, there is a period of limitation prescribed for appeal against acquittal. If the complainant is a private person then a period of limitation is 60 days from the date of order of acquittal. 

The proviso of Section 372 does prescribe the right to appeal by victim in case of acquittal or lesser punishment. It does not provide a period of limitation. Hence in respect of limitation the provision of Section 378(5) shall apply. 

If there is any sufficient cause for the delay then you can request the court to condone the delay. Move an application under Section 5 of the Limitation Act for the condonation of delay.  

Shivendra Pratap Singh


High Court Lucknow