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PART V THE UNION · CHAPTER IV.— THE UNION JUDICIARY

Article 134: Appellate jurisdiction of the Supreme Court in regard to criminal matters

The 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(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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) 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.

Footnotes in the official text

  1. 1.Subs. by s. 19, ibid., for "certifies" (w.e.f. 1-8-1979).

Leading cases

Questions on this article

4 questions in 9 of our papers cite Article 134. Try these from the free papers:

  1. 1. Consider the following statements about State of Uttar Pradesh v. Brij Pal Singh (20 August 2026): 1. The appeal reached the Supreme Court on a certificate granted by the High Court under Article 134-A read with Article 134(1)(c) of the Constitution. 2. The Court held that investigating complaints under the Act is a function of the Appropriate Authority under Section 17(4), with the police at best playing a supplemental role. 3. The Court held that the police are barred from investigating even independent offences under the IPC or BNS arising from the same facts. Which of the statements given above is/are correct?

  2. 2. Under Article 134(1)(a), an appeal lies to the Supreme Court from a criminal proceeding of a High Court, without any certificate, where the High Court has:

Practise questions on Constitutional Law