Special law limitation periods attract condonation of delay under Section 5 unless expressly excluded

A special limitation period fixed by a special law is subject to Sections 4 to 24 of the Limitation Act, 1963, including Section 5, unless the special law expressly excludes their operation. For an application for special leave to appeal against acquittal under Section 417(4) of the Code of Criminal Procedure, 1898, the absence of express exclusion meant that delay could be condoned on showing sufficient cause. Mere mandatory wording in the special provision was insufficient to displace Section 5, and the earlier exclusionary rule under the Limitation Act, 1908 did not control the position under the 1963 Act.

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Issues: Whether the period of limitation prescribed for an application for special leave to appeal against an acquittal under Section 417(4) of the Code of Criminal Procedure, 1898 could be extended by invoking Section 5 of the Limitation Act, 1963 in the absence of any express exclusion.

Analysis: The period prescribed by Section 417(4) of the Code of Criminal Procedure, 1898 was a special period of limitation under a special law. Under Section 29(2) of the Limitation Act, 1963, the provisions of Sections 4 to 24, including Section 5, apply to limitation periods prescribed by a special or local law unless expressly excluded by that law. The earlier rule under the Limitation Act, 1908, which excluded Section 5, could not govern cases under the 1963 Act. Mere mandatory language in the special law was not enough to exclude the operation of Section 5.

Conclusion: Section 5 of the Limitation Act, 1963 was applicable, and delay in filing the application for special leave could be condoned on showing sufficient cause.

Final Conclusion: The challenge to the High Court's condonation of delay and grant of special leave failed, and the petitions were dismissed.

Ratio Decidendi: Where a special law prescribes a limitation period, Section 5 of the Limitation Act, 1963 applies unless the special law expressly excludes it.

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