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Constitution of India · Part V: The Union · Chapter IV: The Union Judiciary

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

In plain words

In criminal cases, an appeal lies to the Supreme Court from a High Court if the High Court reversed an acquittal on appeal and sentenced the accused to death, or withdrew a case from a lower court, tried it, convicted the accused and sentenced them to death, or certifies under article 134A that the case is fit for appeal.

  • Certified appeals are subject to the Supreme Court's rules and conditions set by the High Court.
  • Parliament can by law give the Supreme Court further powers to hear criminal appeals from High Courts.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(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(b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to death; or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) [certifies under article 134A] that the case is a fit one for appeal to the Supreme Court: Court certifies.—" (w.e.f. 1-8-1979).

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.

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 134