Limitation Act 1963 Section 6: Legal disability
Text of the Section: 6.
(1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule.
(2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from that time.
(3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from that time.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been available to that person had he not died.
Explanation—For the purposes of this section, ‘minor’ includes a child in the womb.”
Explanation of Section 6
Section 6 of the Limitation Act, 1963 offers relief to individuals under a “legal disability”—specifically minors, insane persons, or idiots (an outdated term for severe mental incapacity)—when the prescribed period for filing a suit or executing a decree begins.
Under subsection (1), if someone is disabled at the time the limitation clock starts (e.g., when a debt becomes due), they get the full period (e.g., 3 years for a debt) after the disability ends. For a minor, this means after turning 21 (per the Indian Majority Act, 1875, if a guardian is appointed, otherwise 18); for insanity, after recovery.
Subsection (2) extends this if multiple disabilities overlap or follow each other—time starts only after all disabilities end.
Subsection (3) allows a legal representative to file within the same period if the disabled person dies while still under disability.
Subsection (4) applies the same rule if the representative is disabled at the time of death.
Subsection (5) covers cases where the disability ends but the person dies before filing—their representative gets the remaining time.
The Explanation clarifies that “minor” includes an unborn child, protecting rights from conception. Rooted in fairness and the Concurrent List (Entry 13), Section 6 pauses the limitation clock for those unable to act, ensuring justice isn’t lost to circumstance!
Key Points of section 6 Limitation act 1963
- Extends limitation period for minors, insane persons, or idiots until disability ceases.
- Applies to suits and decree execution applications, not appeals.
- Multiple disabilities delay the period until all end.
- Legal representatives can file if disability persists until death or ends before filing.
- “Minor” includes a child in the womb (Explanation).
Examples of section 6 Limitation act 1963
- A 15-year-old’s 3-year debt suit limit starts when he’s a minor. He can file by age 21—6 years total—under Section 6(1).
- An insane person recovers after 2 years; their 30-day application period starts only then, not earlier.
Case Law of section 6 Limitation act 1963
Darshan Singh v. Gurdev Singh (1994): Supreme Court (SCC Online: AIR 1995 SC 75, decided October 19, 1994) held that Section 6 applies only to the initial filing, not subsequent appeals, limiting its scope.
Shakuntala Devi v. Banwari Lal (1976): Allahabad High Court (SCC Online: AIR 1977 All 551, decided November 25, 1976) ruled that a minor’s limitation period extends post-guardianship until majority.
Visual Aid:
Flowchart:
Limitation Starts → Disabled (Minor/Insane)? → Yes: Wait Until Disability Ends → Full Period Begins | No: Normal Period Applies.
Pro Tip: Track when the disability ends—Section 6 doesn’t help if you delay after becoming capable!