CRIMINAL APPELLATE JURISDICTION OF THE SUPREME COURT : AN OVERVIEW

The appeal to the Supreme Court in criminal matters is available in cases of first  time conviction to death, life imprisonment or imprisonment for more than ten years by High Court. there is no appeal available to the Supreme Court  in cases of concurrent conviction by subordinate  court and High Court.  In such cases an accused person has to try his luck under discretionary jurisdiction under Article 136.  

Supreme Court has appellate jurisdiction in respect of criminal matters under following provisions:

• Under Article 132 of the Constitution
• Under Article 134 of the Constititon
• Under Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
• Under Section 379 of the Code of Criminal Procedure, 1973
• Under Article 136 of the Constitution

JURISDICTION UNDER ARTICLE 132

The Supreme Court has jurisdiction to entertain appeal against judgment, decree or order passed by High Court in civil, criminal or other proceedings if High Court grants certificate under 134 A that the case involves substantial question of law as to the interpretation of the Constitution.

JURISDICTION UNDER ARTICLE 134

Appeal lies to the Supreme Court under Article 134 (1) (a) if High Court has reversed an order of acquittal and convicted the accused person to death.

Appeal also lies to the Supreme court under Article 134 (1) (b) if High Court has withdrawn a case for trial from subordinate court and convicted an accused person to death.

Appeal also lies to the Supreme Court under Article 134 (1) (c) if the High grants certificate under Article 134 A that the case is fit for appeal to Supreme Court.

JURISDICTION UNDER SUPREME COURT (ENLARGMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970

The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 has enlarged the criminal appellate jurisdiction of the Supreme Court.

Appeal lies under Section 2 (a) of the aforesaid Act if High Court has reversed the order of the acquittal and sentenced the accused person to imprisonment for life or imprisonment for a period of not less than ten years.

Appeal also lies under Section 2 (b) of the aforesaid Act if High court has withdrawn the case from subordinate courts and sentenced the accused person to imprisonment for life or imprisonment for a period of not less than ten years.

SECTION 379 OF THE CODE OF CRIMINAL PROCEDURE, 1973

Appeal lies before the Supreme Court under Section  379 Cr. P.C if High Court on appeal has reversed the acquittal of accused person and convicted him or her to death, or imprisonment of life or imprisonment for ten years or more.

SECTION 136 OF THE CONSTITION

The Supreme Court has wide discretionary jurisdiction under Article 136 of the Constitution. The Supreme Court under Article 136 has power to grant special leave to appeal against any judgment, decree, determination, sentence or order. Obviously, any order passed by High Court in criminal matters can be challenged before the Supreme  Court.  

Currently, an accused person who has been sentenced to death or life imprisonment by both subordinate court as well as the High Court has no right vested in him to appeal before the Supreme Court. Such accused person can only approach the Supreme Court through Article 136.

Right to life being the most precious right, there is need to provide direct appeal to Supreme Court against at least all death sentences. The reason for not providing direct appeal to  the Supreme Court was the apprehension that the Supreme Court will be flooded with appeals. But this reasons is no longer sustainable as the Supreme Court is any way flooded by Special Leave Petitions. Further, death sentences are now being awarded in only rarest or rare cases.

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