High Courts have previously issued conflicting rulings on the legal interpretation of Section 21(5) of the NIA Act.
On Tuesday, the Supreme Court ruled that no appeal filed under Section 21 of the National Investigation Agency (NIA) Act shall be rejected solely for exceeding the 90-day limitation period.
A Bench comprising Chief Justice of India (CJI) Sanjiv Khanna and Justices PV Sanjay Kumar and KV Viswanathan issued this interim order while hearing petitions challenging provisions of the NIA Act.
“The appeals filed by the accused or victims will not be dismissed on the ground that the delay beyond 90 days cannot be condoned,” the Court stated.
Section 21 of the NIA Act allows an appeal to be filed before a High Court against any judgment, sentence, or order (excluding interlocutory orders) issued by a special court, based on both facts and law.
The proviso to Section 21(5) states that no appeal shall be entertained if filed beyond the 90-day limitation period. The key question before the Supreme Court is whether this time limit is mandatory or merely directive.
High Courts have previously issued conflicting rulings on this issue.
In 2023, the Bombay High Court ruled that appellate courts have the authority to condone delays and accept appeals under the NIA Act beyond 90 days if a valid reason for the delay is provided.
Conversely, in 2024, the Madras High Court held that High Courts do not have the power to condone delays beyond the stipulated 90-day period for filing appeals under the Act.