- Research/Scholar Paper name – “Applicability of Limitation Act in Civil and Criminal Proceedings”
- Author: Pulkit Taneja
- Institution: National University of Juridical Sciences, Kolkata
- Affiliation: Centre for Study of Contemporary Legal Issues
- Date of Publication: 23/06/2021
The law of limitation is one of the most significant legal procedures throughout the world. The Roman Law maxim “vigilantibus et non dormientibus jura subveniunt” is a concept which implies the objective and the importance of the law of limitation. The maxim states that the law is only helpful to those who are vigilant about their rights. The concept of limitation stipulates that any person who seeks to enforce his/her rights over another must institute an action within a prescribed period of time. The perspective behind barring a claim after the specified period of limitation is two-fold. The limitation period prevents errors in judgement, as with the passage of time and memory, the testimonies of witnesses in a case becomes weaker. Considering that the testimonies are essential for any court proceedings, inconsistencies and variability might result in errors in judgments. The period of limitation also serves as an obligation for the criminal justice system to ensure the right of speedy justice, which forms a part of personal liberty.