Articles 114 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
The Second Division of the Schedule to the Limitation Act, 1963 is about appeals. It has only four Articles, 114 to 117, and the periods are measured in days: thirty, sixty or ninety. For an appeal, the clock usually starts on the date of the decree, order or sentence, so every day after judgment counts.
The text below follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked.
An appeal from an order of acquittal (Article 114) has ninety days from the date of the order, or thirty days from the grant of special leave. A criminal appeal from a death sentence (Article 115(a)) has thirty days, and from other sentences or orders sixty days to the High Court or thirty days to another court. A civil appeal to a High Court (Article 116(a)) has ninety days and to any other court (Article 116(b)) thirty days. An appeal from a High Court decree or order to the same Court (Article 117) has thirty days.
Where these Articles sit
Articles 114 to 117 are the whole of the Second Division (appeals); the Division has no Parts. The column head over the table reads "Description of suit" even though these entries are appeals. If you need to appeal, a legal dispute resolution review of the order and the dates is the first step, because the days begin to run at once. Our guide to how the Schedule is laid out explains the three columns.
Copied as printed:
| Article | Description of suit | Period of limitation | Time from which period begins to run |
|---|---|---|---|
| 114 | Appeal from an order of acquittal,— | ||
| 114 (a) | under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure, 1898 (5 of 1898); | Ninety days. | The date of the order appealed from. |
| 114 (b) | under sub-section (3) of section 417 of that Code. | Thirty days. | The date of the grant of special leave. |
| 115 | Under the Code of Criminal Procedure, 1898 (5 of 1898)— | ||
| 115 (a) | from a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction; | Thirty days. | The date of the sentence. |
| 115 (b)(i) | from any other sentence or any order not being an order of acquittal— to the High Court | Sixty days. | The date of the sentence or order. |
| 115 (b)(ii) | to any other court | Thirty days. | The date of the sentence or order. |
| 116 | Under the Code of Civil Procedure, 1908 (5 of 1908)— | ||
| 116 (a) | to a High Court from any decree or order. | Ninety days. | The date of the decree or order. |
| 116 (b) | to any other court from any decree or order. | Thirty days. | The date of the decree or order. |
| 117 | From a decree or order of any High Court to the same Court. | Thirty days. | The date of the decree or order. |
A caution on the Codes named. Articles 114 and 115 name the Code of Criminal Procedure, 1898 (5 of 1898) and its section 417, as printed. The print is not brought up to date on that Code. Check the current law for the corresponding provision and its time limits; this article names no replacement and does not apply these periods to a proceeding under any other law.
Article by Article with dates
Under section 12(1), the day from which a period is reckoned is excluded. For these appeals, day one is therefore the day after the date of the decree, order or sentence. The examples use future dates for illustration only.
Article 114(a): appeal from an order of acquittal. Ninety days from "the date of the order appealed from". An order of acquittal dated 10 January 2027 gives an end date of 10 April 2027 (21 days left in January, 28 in February, 31 in March and 10 in April).
Article 114(b): appeal after special leave. Thirty days from "the date of the grant of special leave". If special leave is granted on 15 September 2027, the thirty days end on 15 October 2027.
Article 115(a): death sentence. Thirty days from "the date of the sentence", where the sentence of death was passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction. A sentence on 20 November 2027 gives an end date of 20 December 2027.
Article 115(b)(i) and (ii): other sentences and orders. For any other sentence or any order that is not an order of acquittal, the period is sixty days if the appeal is to the High Court and thirty days if it is to any other court, from "the date of the sentence or order". For a sentence on 2 February 2027, the sixty days end on 3 April 2027, and the thirty days end on 4 March 2027.
Article 116(a): civil appeal to a High Court. Ninety days from "the date of the decree or order". A decree dated 5 March 2027 gives an end date of 3 June 2027.
Article 116(b): civil appeal to any other court. Thirty days from the same date. For a decree dated 5 March 2027, the thirty days end on 4 April 2027. For how a civil appeal runs, see our posts on first and second appeals and drafting a memorandum of appeal.
Article 117: High Court decree or order to the same Court. Thirty days from "the date of the decree or order". An order of 5 March 2027 gives an end date of 4 April 2027.
Adding time for obtaining copies: section 12
For appeals, the Act adds more than the first-day rule. Section 12(2) says that in computing the period of limitation for an appeal, or an application for leave to appeal or for revision or review, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from shall be excluded. The Explanation says that any time taken by the court to prepare the decree or order before an application for a copy is made is not excluded. Read our article on sections 12 and 13 for the full text, and note that section 12(3) in the print has words omitted in 1999, marked by asterisks.
Late appeals: section 5
Section 5 says that an appeal or an application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period if the appellant or applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within the period. Unlike a suit, therefore, an appeal can be admitted late on this ground. Read our article on section 5, and note the printing slip it discusses in the Explanation. This is not a reason to wait: whether the cause is sufficient is for the court to decide. Other forums have their own provisions; see our posts on condonation of delay in GST appeals and condonation of delay before the NCLT.
What can change the count
- Section 12(2) and (3): the day of judgment and the time to obtain copies are excluded.
- Section 4: if the last day falls when the court is closed, the appeal may be filed on the day the court re-opens. See sections 3 and 4.
- Section 14: time spent bona fide in a court without jurisdiction may be excluded.
- Section 5: sufficient cause may allow a late appeal.
Special laws
Section 29(2) provides that where a special or local law prescribes a different period for an appeal, that period applies. Appeals under tax, company, insolvency, consumer and arbitration laws follow those laws; this article states none of those periods.
Need help with an appeal deadline?
An appeal period is counted in days and starts on the date of the order. If you have a decree or order you want to challenge, send it to us at once and we will help you list the dates and plan the next step through legal dispute resolution.
Key takeaways
- The Second Division has four Articles: 114 to 117.
- Civil appeals: ninety days to a High Court, thirty days to any other court; High Court to the same Court, thirty days.
- Criminal appeals under the 1898 Code, as printed: acquittal, ninety days (or thirty days after special leave); death sentence, thirty days; other sentences or orders, sixty days (High Court) or thirty days.
- Section 12(2) excludes the day of judgment and the time to obtain copies; section 5 can admit a late appeal for sufficient cause.
- A special or local law may fix a different period; later amendments should be checked.
Read next
- Articles 111–113: suits by government and local authority, and the residuary article
- Articles 118–123: leave to defend, award, legal representative, abatement and ex parte decree
- Section 5 of the Limitation Act: condonation of delay and sufficient cause
- Sections 12–13 of the Limitation Act: exclusion of the day of judgment and copy time
Disclaimer: Based on a consolidated text of the Limitation Act, 1963 and its Schedule whose latest amendment shown is Act 46 of 1999, as consulted on 2 October 2026. A special or local law may fix a different period; later amendments and the current procedural law should be checked. This article is general information, not legal advice; check the official text before acting.