Question

Mention appellate jurisdiction of the Supreme Court regarding criminal matters.

Answer 1

Hint:
The Supreme Court of India is the highest judicial court and the ultimate court of plea under the Constitution of India with the authority of judicial review. Its jurisdiction is principally categorized into original, appellate and advisory. The appellate jurisdiction refers to the authority of a court to hear appeals from lower courts.


Complete answer:
- An appeal is liable to the Supreme Court from any judgment, final decree or sentence in a criminal proceeding of a High Court in India if the High Court —

(a) has on appeal overturned an order of acquittal of an accused person and convicted him to death; or

(b) has suspended for trial before itself any case from any court subordinate to its authority and has condemned the accused person and convicted him to death; or

(c) certifies under article 134A that the case is a reasonable one for a petition to the Supreme Court:

- It is given that an appeal under sub-clause (c) shall lie liable to such provisions as may be made on that behalf under clause (1) of Article 145 and to such circumstances as the High Court may organize or need.

-The Parliament may by law consult with the Supreme Court for any further powers to contemplate and hear pleas from any judgment or the final order in a criminal proceeding of a High Court, in the territory of India subject to such limitations as may be defined in such law.

Note:
The appellate jurisdiction of the Supreme Court can be convened by a certificate, concerned under Article 132(1), 133(1) or 134 of the Constitution approved by the High Court. The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India, which can be categorized under 4 heads:
Appeals in constitutional issues
Appeals in civil matters
Appeals in criminal issues
Appeals by special leave