Source: Supreme Court

Why in News?

Recently, the bench of Justices Sudhanshu Dhulia and P B Varale observed that Section 5 of the Limitation Act, 1963 would apply in the case of delay in filing appeal from acquittal.

• The aforesaid observation was made in the matter of Mohd Abaad Ali & Anr. v. Directorate of Revenue Prosecution Intelligence.

What was the Background of Mohd Abaad Ali & Anr. v. Directorate of Revenue Prosecution Intelligence Case?

• The appellant was one of four accused in a Customs Act, 1962 case and was acquitted on 6^th October 2012 by the Additional Sessions Judge, North, Delhi.
• The Directorate of Revenue Intelligence appealed this acquittal on 27^th June 2013, with a 72-day delay, which was condoned by the Delhi High Court on 18^th May 2016.
• The appellant later moved the HC under Section 482 of Code of Criminal; Procedure, 1973 (CrPC) to recall the order, arguing that Section 5 of the Limitation Act, 1963 does not apply to appeals against acquittals.
• Despite this, the Delhi HC dismissed the application on 20th January 2017 without providing reasons.
• The appellant challenged this dismissal before the Supreme Court, contending that the HC erred in allowing the delayed appeal against acquittal, asserting that Section 378 of CrPC sets its own limitations and the Limitation Act, 1973 does not apply.
  • The appeal posits that the HC lacks authority to condone delay, as Section 378 of CrPC governs appeal limitations against acquittals.

What were the Court’s Observations?

• SC observed that “Under Section 378 of the new CrPC read with Section 29(2) of the Limitation Act, 1963 though a limitation is prescribed, yet Section 29(2) of 1963 Act, does not exclude the application of Section 5”.
• Hence the SC dismissed the appeal.

What is Section 378 of CrPC?

• About:
  • This section deals with the process of appealing against orders of acquittal passed by different courts in cases of cognizable and non-bailable offences.
• District Magistrate's Authority:
  • The District Magistrate can direct the Public Prosecutor to appeal to the Court of Session against an acquittal order by a Magistrate.
• State Government's Authority:
  • The State Government can direct the Public Prosecutor to appeal to the HC against an original or appellate acquittal order by any court other than the HC.
• Central Government's Authority:
  • The Central Government, in cases investigated by certain empowered agencies, can direct the Public Prosecutor to appeal to the Court of Session or the High Court against acquittal orders.
• Entertaining Appeals:
  • Appeals under this section require the HC's permission.
  • In cases initiated by complaint, if the HC grants special leave, the complainant can appeal against the acquittal order to the HC.
• Time Limit for Special Leave:
  • The HC must receive applications for special leave within specific time frames: six months for public servants and sixty days for others, from the date of the acquittal order.
• Refusal of Special Leave:
  • If the HC refuses special leave, no appeal can be made against the acquittal order under this section.