Answer By law4u team
Constitution Of India Article 134: Appellate Jurisdiction of 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- (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or
- {1}(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.
{2}134A. Certificate for appeal to the Supreme Court.
Every High Court, passing or making a judgment, decree, final order, or sentence, referred to in clause (1) of article 132 or clause (1) of article 133, or clause (1) of article 134,—
- (a) may, if it deems fit so to do, on its own motion; and
- (b) shall, if an oral application is made, by or on behalf of the party aggrieved, immediately after the passing or making of such judgment, decree, final order or sentence, determine, as soon as may be after such passing or making, the question whether a certificate of the nature referred to in clause (1) of article 132, or clause (1) of article 133 or, as the case may be, sub-clause (c) of clause (1) of article 134, may be given in respect of that case.
NOTE
{1.} Subs. by s. 19, ibid., for certifies (w.e.f. 1-8-1979).
{2.} Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 20 (w.e.f. 1-8-1979).
Brief Detail
Article 134 of the Constitution of India provides for the appellate jurisdiction of the Supreme Court in criminal matters. It allows an appeal to the Supreme Court in cases where a High Court has reversed an acquittal and sentenced the accused to death, withdrawn a case for trial, or certified a case as fit for appeal. Additionally, Parliament can grant the Supreme Court further powers in this regard.
Question & Answers
What are the conditions under which an appeal can be made to the Supreme Court under Article 134?
An appeal can be made if the High Court has reversed an acquittal and sentenced the accused to death, withdrawn a case for trial and convicted the accused to death, or certified the case as fit for appeal under Article 134A.
Can Parliament grant additional powers to the Supreme Court regarding appeals from High Courts?
Yes, Parliament can by law confer additional powers on the Supreme Court to hear appeals from judgments, final orders, or sentences in criminal proceedings of High Courts, subject to specified conditions and limitations.
Example
For example, if a High Court convicts an accused person to death in a case that was earlier acquitted, an appeal can be made to the Supreme Court for review under Article 134.
Summary
Article 134 provides the framework for appeals to the Supreme Court in criminal matters when the High Court passes certain judgments, particularly involving death sentences. Parliament can further expand the powers of the Supreme Court in this regard through legislation.
