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Report No. 58

Chapter 3

Appeals to The Supreme Court

Criminal appeals

Questions dealt with serially

3.1. Of the questions included in our Questionnaire, which we now proceed to discuss serially, the first two questions relate to the appellate jurisdiction of the Supreme Court. We shall first take up the criminal appellate jurisdiction of the Supreme Court. Article 134 of the Constitution reads thus-

"134. 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 a 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(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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 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."



Structure and Jurisdiction of the Higher Judiciary Back




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