Limitation Act applicability to delayed special leave against acquittal is treated as a larger-bench jurisdictional question.

The commentary examines whether Section 5 of the Limitation Act, 1963 applies to delayed special leave applications against acquittal under Section 378(4) and (5) of the Code of Criminal Procedure, 1973. It contrasts authorities on Section 29(2) of the Limitation Act and the approach treating the special leave scheme as a special law, including whether the enactment forms a complete code and excludes Sections 4 to 24. The earlier larger-bench test was preferred over the later two-judge view, and the delay-condonation question was treated as raising an important jurisdictional issue for larger-bench consideration.

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Issues: Whether the application for condonation of delay in filing special leave to appeal against acquittal required reference to a larger bench on the question of applicability of Section 5 of the Limitation Act, 1963 to Section 378(4) and (5) of the Code of Criminal Procedure, 1973.

Analysis: The competing authorities on Section 29(2) of the Limitation Act, 1963 were examined, including the line of cases treating the special leave provisions for appeals against acquittal as a special law and the contrary view on whether the scheme of the special law excludes Sections 4 to 24 of the Limitation Act, 1963. The earlier larger-bench view applying the test of the scheme of the special law, the nature of the remedy, and whether the enactment is a complete code was preferred over the later two-judge view. In that setting, the question whether delay could be condoned in a delayed application under Section 378(4) and (5) of the Code of Criminal Procedure, 1973 was held to raise an important jurisdictional issue requiring consideration by a larger bench.

Conclusion: The matter was referred for determination by a larger bench on the framed questions, including whether Sections 4 to 24 of the Limitation Act, 1963 stand excluded for such applications and whether the delay-condonation application is maintainable.

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