Question

A suit for compensation for false imprisonment, the period of limitation is

• A. 3 year's from the date of sentencing the judgement
• B. 3 year's from the date of release from imprisonment
• C. 3 year's from the date of commencing the imprisonment
• D. 1 year when the imprisonment ends

Hint:

For the Limitation Act, it is important to remember not just the limitation period but also the "time from which period begins to run" (the starting point). For torts involving personal injury or liberty, the limitation period is often short (typically 1 year).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks for the period of limitation for filing a civil suit to claim compensation for the tort of false imprisonment. The period of limitation is the maximum time after an event within which legal proceedings must be initiated.

Step 2: Key Legal Provision:
The Limitation Act, 1963, prescribes the time limits for various types of suits and legal actions. The relevant provision is in the Schedule to the Act.

Step 3: Detailed Explanation:
Article 74 of the Schedule to the Limitation Act, 1963, provides the limitation period for a suit "For compensation for a false imprisonment."
- The period prescribed is One year.
- The time from which this period begins to run is "When the imprisonment ends."
Therefore, a person who has been falsely imprisoned must file a suit for compensation within one year from the date their imprisonment ends (i.e., from the date of their release). Options (A), (B), and (C) are incorrect as they state the period is 3 years and provide incorrect starting points.

Step 4: Final Answer:
The period of limitation for a suit for compensation for false imprisonment is 1 year, and the period begins to run when the imprisonment ends.