Articles 85 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.
Obstructing a right of way, trespassing on land, copying protected work, committing waste on property, getting an injunction wrongly, and wrongly taking another's goods: Articles 85 to 91 of the Schedule to the Limitation Act, 1963 give three years to sue for each of these civil wrongs. The starting point is usually the act itself, such as the obstruction, diversion, trespass or infringement, but a few entries start on other events.
The text below follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked.
A suit for compensation for obstructing a way or water-course (Article 85), diverting a water-course (86), trespass on immovable property (87) or infringing copyright or any other exclusive privilege (88) runs three years from the date of the act. A suit to restrain waste (89) runs from when the waste begins, and for injury from a wrongful injunction (90) from when the injunction ceases. Wrongful taking or detaining of movable property (91) has two sub-entries. A late suit is liable to be dismissed under section 3.
Where these Articles sit
Articles 85 to 91 are in the First Division (suits), Part VII (suits relating to tort), together with the shorter periods in Articles 72 to 84. Section 2(m) says "tort" means a civil wrong which is not exclusively the breach of a contract or the breach of a trust. A legal notice is the usual first step against a trespasser or infringer. 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 |
|---|---|---|---|
| 85 | For compensation for obstructing a way or a water-course. | Three years. | The date of the obstruction. |
| 86 | For compensation for diverting a water-course. | Three years. | The date of the diversion. |
| 87 | For compensation for trespass upon immovable property. | Three years. | The date of the trespass. |
| 88 | For compensation for infringing copyright or any other exclusive privilege. | Three years. | The date of the infringement. |
| 89 | To restrain waste. | Three years. | When the waste begins. |
| 90 | For compensation for injury caused by an injunction wrongfully obtained. | Three years. | When the injunction ceases. |
| 91 (a) | For compensation for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation, or conversion; | Three years. | When the person having the right to the possession of the property first learns in whose possession it is. |
| 91 (b) | for wrongfully taking or injuring or wrongfully detaining any other specific movable property. | Three years. | When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful. |
Article by Article with dates
Under section 12(1), the day from which the period is reckoned is excluded. Three years from a date end on the same date three years later.
Article 85: obstructing a way or water-course. A neighbour builds a wall across a path on 5 March 2024. The period starts on "the date of the obstruction", so the three years end on 5 March 2027. For rights of way, see our post on easements.
Article 86: diverting a water-course. The period starts on "the date of the diversion". A channel diverted on 19 July 2023 gives an end date of 19 July 2026.
Article 87: trespass on immovable property. The period starts on "the date of the trespass". If a trespasser enters a plot on 1 December 2023, the three years for compensation end on 1 December 2026. This is a suit for compensation. A suit for possession of the plot is a different suit with its own Articles; see our article on Articles 64 to 67.
Article 88: infringing copyright or any other exclusive privilege. The period starts on "the date of the infringement". A film producer discovers that a song was copied in a release on 14 April 2024; the three years end on 14 April 2027. The Article speaks of "copyright or any other exclusive privilege", and the Act does not define either. The text names the date of the infringement, not the date of discovery. For what a civil suit can seek, see our posts on copyright infringement remedies and trademark infringement remedies.
Article 89: restraining waste. The period starts "when the waste begins". Waste on a property begins on 2 August 2024, and the three years end on 2 August 2027.
Article 90: injury from a wrongful injunction. A company obtains an injunction that is later found to have been wrongly obtained, and the injunction ceases on 25 October 2024. The suit for compensation for the injury runs three years from "when the injunction ceases", ending on 25 October 2027.
Article 91(a): taking or detaining lost or stolen property. For compensation for wrongfully taking or detaining specific movable property lost, or acquired by theft, dishonest misappropriation or conversion, the period starts "when the person having the right to the possession of the property first learns in whose possession it is". If the owner first learns on 19 August 2024, the three years end on 19 August 2027. This mirrors Article 68, which is the suit for the property itself; see Articles 68 to 71.
Article 91(b): other specific movable property. The period starts "when the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful". A vehicle wrongfully taken on 11 November 2023 gives an end date of 11 November 2026. A vehicle lawfully held for repair whose holder's possession becomes unlawful on 8 January 2024 gives an end date of 8 January 2027. The print does not say how a holder's possession is judged to become unlawful.
Continuing wrongs
Section 22 says that in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the tort continues. Whether a given obstruction, trespass or infringement is a continuing tort is not stated in the Schedule; take advice on your facts. See our article on sections 22 to 24, and also the earlier torts in Articles 72 to 84.
What can change the count
- Section 6: a legal disability when the period starts can postpone the count. See section 6.
- Section 14: time spent bona fide in a court without jurisdiction may be excluded. See section 14.
- Section 15: time during a stay or injunction may be excluded. See section 15.
- Section 4: a suit may be filed on the day the court re-opens if the last day fell when it was closed.
- Section 5 does not help a suit. It applies to appeals and applications only.
Special laws
Section 29(2) provides that where a special or local law prescribes a different period, that period applies. Copyright, trademark and other intellectual property claims may also be governed by their own statutes and forums; this article states none of their periods.
Need help sending a notice for trespass or infringement?
The first step against a trespasser, an infringer or someone who has taken your goods is usually a clear notice with dates and demands. We can help you prepare a legal notice that records what happened and when.
Key takeaways
- Articles 85 to 91 each give three years.
- Articles 85 to 88 run from the date of the obstruction, diversion, trespass or infringement.
- Waste runs from when it begins (89); wrongful injunction from when the injunction ceases (90).
- Wrongful taking of movable property: from first learning in whose possession lost or stolen goods are (91(a)), or from the taking, injury or unlawful detention (91(b)).
- Section 5 does not extend the time to file a suit; a special or local law may fix a different period; later amendments should be checked.
Read next
- Articles 72–84: torts with one-year and two-year periods
- Articles 92–96: suits relating to trusts and trust property
- Articles 68–71: suits relating to movable property
- Copyright infringement: civil remedies, injunction and damages
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.