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What is Article 134 of indian constitution

 

Article 134 of the Indian Constitution

Title: Appellate jurisdiction of Supreme Court in criminal matters


📜 What Article 134 Provides:

Article 134 gives the Supreme Court of India the power to hear appeals in criminal cases from High Courts under specific conditions.


Key Provisions Explained:

An appeal lies to the Supreme Court from any judgment, final order, or sentence in a criminal proceeding of a High Court, in the following cases:


🔹 Clause (1)(a):

  • If the High Court has reversed an acquittal (of an accused) and sentenced them to death.


🔹 Clause (1)(b):

  • If the High Court withdraws a case from a lower court (like Sessions Court), tries it itself, and convicts and sentences the accused to death.


🔹 Clause (1)(c):

  • In any other case, if the High Court certifies under Article 134A that:

    • The case is fit for appeal to the Supreme Court.


✳️ Additional Power – Article 136:

Even if the above conditions are not met, a criminal appeal may still be admitted under Article 136 through the special leave petition (SLP) route.


🏛️ Why Article 134 Matters:

  • Protects the rights of the accused in serious criminal cases, especially those involving the death penalty.

  • Ensures Supreme Court oversight on critical criminal justice issues.

  • Provides an additional layer of justice in sensitive or legally complex cases.


🧾 Example:

If a High Court overturns a Sessions Court's acquittal and sentences a person to death, the convicted person has the right to appeal directly to the Supreme Court under Article 134(1)(a).