Article 134 of Constitution of India – Appellate jurisdiction of Supreme Court in regard to criminal matters.
Article 134 of Constitution of India deals with Appellate jurisdiction of Supreme Court in regard to criminal matters.
Original Text of Article 134 of Constitution of India
(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(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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) 4[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.
Questions related to Article 134 of Constitution of India
Article 134 provides the Supreme Court with appellate jurisdiction in criminal cases, allowing appeals from High Court judgments under specific conditions, as laid out in the Constitution of India.
An appeal can be made if the High Court reverses an acquittal and imposes a death sentence, or if it withdraws a case from a lower court and convicts the accused, or when it grants a certificate of fitness for appeal, as per Article 134 of the Indian Constitution.
No, only specific scenarios listed in Article 134 qualify. For other criminal cases, special leave to appeal under Article 136 may be sought, which is also frequently discussed in Indian Kanoon case laws.
It allows the High Court to certify that a criminal case involves a substantial question of law, making it eligible for appeal to the Supreme Court under the Articles of Indian Constitution.
You can refer to Indian Kanoon to explore landmark criminal cases appealed under Article 134, especially those involving death penalties and fundamental rights, as protected by the Constitution of India.
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