All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

Practice Mode:
80.

Limitation Act is applicable to

A: Civil suits
B: Criminal cases
C: Both of the following is correct
D: Civil, all the above

The answer is: A

Explanation

The correct option is A: Civil suits.

The Limitation Act, 1963 is a law that prescribes the time limit within which a person can file a civil suit or an application in a court of law. The Act applies to all civil proceedings and some criminal proceedings, but only if they are expressly made applicable by a specific law. The main purpose of the Act is to prevent the delay and injustice caused by stale and dormant claims, and to encourage the parties to seek their remedy with reasonable diligence.

The Act does not apply to criminal cases in general, unless there is a specific provision in the relevant law that makes the Act applicable. For example, Section 468 of the Code of Criminal Procedure, 1973 provides that no court shall take cognizance of certain offences after the expiry of the period of limitation prescribed by the Act. However, this does not mean that all criminal cases are subject to limitation. There are many offences for which no period of limitation is prescribed, such as murder, rape, kidnapping, etc. Therefore, option B is incorrect.

Option C is also incorrect because it implies that the Act applies to all civil and criminal cases, which is not true. Option D is incorrect because it is vague and confusing. Therefore, option A is correct.