What is the ordinary limitation period for an accused’s appeal against an appealable sentence of a…
Article 115(b)(ii) of the Limitation Act, 1963 gives thirty days from the sentence for an ordinary appeal in this category to a court other than a High Court. The appeal…
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What is the ordinary limitation period for an accused’s appeal against an appealable sentence of a Magistrate to the Court of Session under section 415(3)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Answer and explanation
Correct answer A
Article 115(b)(ii) of the Limitation Act, 1963 gives thirty days from the sentence for an ordinary appeal in this category to a court other than a High Court.
The appeal from a Magistrate in the circumstances described lies to the Court of Session under section 415(3)(a) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Section 8 of the General Clauses Act, 1897 carries the older statutory reference through re-enactment unless a contrary intention appears.
Option feedback
Option A
Article 115(b)(ii) prescribes thirty days from the sentence for this ordinary appeal to a court other than the High Court.
Option B
Article 115(b)(i) gives sixty days for the corresponding High Court category. This appeal goes to the Court of Session.
Option C
Article 115(b)(ii) prescribes thirty days for this appeal.
Option D
Article 115(b)(ii) sets thirty days, with computation and any extension handled separately.
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Maharashtra Judicial Services
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CUET PG Law (LL.M.)
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