Part V - The Union • Article

Article 134 Simplified: Appellate jurisdiction of the Supreme Court in regard to criminal matters

Article 134 gives citizens an absolute right to appeal to the Supreme Court in criminal cases if a High Court reverses a lower court's acquittal and sentences the person to death, or takes over a trial and hands down a death sentence. Other criminal cases require a certificate of fitness from the High Court.

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Court— (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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.

Simple Meaning

Explain Like Ten

If a lower court says a person is innocent, but the High Court changes the decision and sentences them to death, that person has an absolute right to ask the Supreme Court to check their case.

Student Mode

Details the Supreme Court's criminal appellate jurisdiction. An appeal lies as a matter of right (absolute right) if the High Court has: (a) reversed an acquittal and sentenced the accused to death, or (b) withdrawn a subordinate trial to itself and sentenced the accused to death. For other criminal cases, a certificate under Article 134A is mandatory. Clause (2) permits Parliament to expand the Supreme Court's criminal appellate jurisdiction.

Example

If a sessions court acquits an accused person of murder, but the High Court reverses that decision on appeal and sentences them to death, the accused has an absolute right to appeal to the Supreme Court under Article 134.

Key Takeaway

High Court death sentences can be appealed to the Supreme Court as a matter of right.

FAQs

When is an appeal to the Supreme Court in a criminal case an absolute right?

An appeal is an absolute right when a High Court reverses an acquittal and sentences the accused to death, or withdraws a case to itself and sentences the accused to death. No certificate is needed in these cases.

Can Parliament expand the criminal appellate jurisdiction of the Supreme Court?

Yes. Article 134(2) authorizes Parliament to confer further powers on the Supreme Court to hear criminal appeals, which it did via the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

Quiz

Under Article 134, an appeal lies to the Supreme Court as a matter of right if the High Court has reversed an acquittal and sentenced the accused to:

Answer: Death

Who has the power under Article 134(2) to further enlarge the criminal appellate jurisdiction of the Supreme Court?

Answer: The Parliament