Constitution Section 134 — Appellate jurisdiction of the Supreme Court in regard to criminal matters

Part V — THE UNION — CHAPTER IV.—THE UNION JUDICIARY

Constitutional

Summary

The Supreme Court can hear criminal appeals from a High Court in three situations: if the High Court reversed a lower court’s decision to acquit someone and instead sentenced them to death; if the High Court took over a case from a lower court, convicted the person, and sentenced them to death; or if the High Court itself certifies that the case is suitable for appeal to the Supreme Court. An appeal based on the High Court’s certification must follow any rules set by the Supreme Court under article 145(1) and any conditions the High Court imposes. Parliament can also pass a law giving the Supreme Court additional power to hear criminal appeals from High Courts, but only within the limits and conditions that law specifies.

Official Text

(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(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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:Provided that an appeal under sub-clause (c) shall lie subject to such provisions as may be made in that behalf under clause (1) of article 145 and to such conditions as the High Court may establish or require.

(2) Parliament may by law confer on the Supreme Court any further powers to entertain and hear appeals from any judgment, final order or sentence in a criminal proceeding of a High Court in the territory of India subject to such conditions and limitations as may be specified in such law.