The Constitution of India
Appellate jurisdiction of Supreme Court in regard to criminal matters
- Jurisdiction
- India
- Provision
- 134
- Source language
- eng+tel
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceappeal 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(b) has withdrawn for trial before itself any case from any court subordinate to its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) 1[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.
1. Substituted by the Constitution (Forty-fourth Amendment) Act, 1978, s.19, for “certifies” (w.e.f.1.8.1979).
67 THE CONSTITUTION OF INDIA
(Part V. — The Union)
1
[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.]
Source record
Source and verification
The Constitution of India · legislative.gov.in · Retrieved 17 August 2026.
Check the upstream source for currency, amendments, and official formatting. The recorded status describes this source version.
Open upstream source