Constitution of India · Section Article 134
Appellate jurisdiction of the Supreme Court in regard to criminal matters
Article 134 — Appellate jurisdiction of the Supreme Court in regard to criminal matters
- Appellate jurisdiction of the Supreme Court in regard to criminal matters.—(1) An appeal shall lie to the Supreme Court from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India if the High Court—
- (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or
- (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
- (c) certifies under article 134A that the case is a fit one for appeal to the Supreme Court:
Plain English Summary
This article explains when the Supreme Court has the power to hear an appeal against a final decision (judgment, order, or sentence) made by a High Court in a criminal case. The appeal is only allowed under specific circumstances related to death sentences or specific procedural certifications.
Key Points
- The Supreme Court can hear appeals from High Court criminal judgments only if the High Court has reversed an acquittal and sentenced someone to death.
- It can also hear appeals if the High Court withdraws a case for trial and subsequently convicts someone and sentences them to death.
- An appeal can lie if the High Court certifies that a specific case is suitable for appeal to the Supreme Court (under Article 134A).
Why It Matters
This article establishes the Supreme Court's role as the final court of appeal for very serious criminal matters, particularly those involving the death penalty, ensuring a high level of judicial review.
Landmark Judgements
No major landmark judgements.