KNOW ABOUT LEGAL DISABILITY UNDER THE LIMITATION ACT

January 25, 2024
symbolizing the legal focus

The Limitation Act gives a party that has been wronged a deadline for filing several lawsuits in order to petition the court for justice and relief. If the lawsuit is filed after the time limit has been investigated, it is dismissed by the statute of limitations. Its primary goal is to defend long-term users and to subtly penalize those who have been sleeping on their rights for a long period.

Nonetheless, there may be circumstances in which the individual is unable to file a lawsuit or submit an application because of his physical or mental state. In these situations, the law could not apply the same way, and people with physical disabilities need to be given more rights and privileges.

legal disability meaning

  • As per the meaning of legal disability under limitation act, it refers to specific circumstances or states of affairs that preclude someone from bringing a lawsuit or filing one within the usual statute of limitations.
  • The “Law of Limitation” gives a party that has been wronged a deadline for filing various lawsuits within which to request relief from the court.
  • When the limitation act’s deadline passes, the suit is dismissed by the appropriate court. There may be a circumstance where the person is unable to file a lawsuit or submit an application because of his physical or mental state.
  • In some situations, the law might not apply the same way, and people with impairments might be granted more rights and advantages.

section 6 limitation act

Section 6 of the Limitation Act deals with the effect of legal disability. According to Section 6 of the Limitation Act, if the party entitled to submit the claim is deemed to be under a legal disability at the time the cause of action accrues, the standard statute of limitations for initiating a lawsuit or claim may be extended. The effects for the following groups of people are:

For the Minors:

  • In accordance with the Indian Majority Act of 1875, a minor is a person who has not reached the age of 18.
  • The Majority Act, 1875, Section 3(2), states that in determining an individual’s age, the day of their birth must be taken into account as a whole. At the start of their eighteenth anniversary, that individual will be considered to have reached adulthood.
  • The duration of the minor’s legal depreciation is not taken into account while determining the statute of limitations.

For the Persons with Unsound Mind:

  • It denotes mental illness or incapacity that keeps someone from possessing the mental capacity needed by law to engage in a specific relationship, position, or transaction, or that absolves someone of criminal or civil liability.
  • The Supreme Court examined the definition of insanity in depth in the 2009 case of S.K. Yadav v State of Maharashtra, concluding that only legal insanity, as opposed to medical insanity, is recognized by the law.
  • The duration of the period that the person has such a legal disadvantage cannot be taken into consideration while determining the statute of limitations.

For any Idiot Person:

  • An idiot is someone who behaves in a very dumb manner. A person is born an idiot; it is not a sort of mental illness that may be developed.

Legal Disability under the Limitation Act: Case Rulings

This list is not exhaustive, but it does contain notable decisions from the Supreme Court and other high courts that have been essential in developing the protocols pertaining to legal disability under the Limitation Act. The two important rulings are:

  • In the case of Darshan Singh v Gurdev Singh, this decision highlights that under Section 6 of the Limitation Act, individuals who are juveniles, cowards, or stupid are permitted to file an application or commence an action within the allotted time frame following the termination of their legal incapacity. Section 6 allows for an extension of the limitation period, but only if the extension lasts no more than three years following the death of the person or the termination of their legal impairment as defined by the Limitation Act.
  • In the case of Narmada Bai v State of Gujarat, the implementation of Section 6 of the Limitation Act in the framework of a public interest litigation (PIL) was the subject of this case. The Supreme Court made it clear that PILs are covered by Section 6 and that the statute of limitations may be extended when it is necessary to uphold justice.

The Limitation Act recognizes minority, insanity, and mental disabilities as forms of legal impairment. It acts as a safety net for people who might not be able to fully understand their legal rights and obligations. It guarantees that those who are more susceptible are not exploited when their mental capability is reduced by temporarily halting the right to file lawsuits.

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