The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970

The Supreme Court (Enlargement of Criminal

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The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (ACT NO. 28 OF 1970) (As on the 1st Oct, 2025) 1

LIST OF AMENDING ACTS

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The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Amendment Act, 1972 (37 of 1972). _______ LIST OF ABBREVIATIONS USED Cl., cls. . . . . . for Clause, clauses. S., ss. . . . . . ,, Section, sections. Subs. . . . . . ,, Substituted. w.e.f. . . . . . ,, with effect from.

THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE

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THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970 ___________ ARRANGEMENT OF SECTIONS ___________ SECTIONS 1. Enlarged appellate jurisdiction of Supreme Court in regard to criminal matters.

THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE

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Section 1 — Short title and extent

Section 2 — Enlarged appellate jurisdiction of Supreme Court in regard to criminal matters

THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970 ACT NO. 28 OF 1970 [9th August, 1970.] An Act to enlarge the appellate jurisdiction of the Supreme Court in regard to criminal matters. BE it enacted by Parliament in the Twenty-first Year of the Republic of India as follows:— 1. Short title and extent.—(1) This Act may be called the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970. 1 (2) It extends to the whole of India ***. Enlarged appellate jurisdiction of Supreme Court in regard to criminal matters.—Without prejudice to the powers conferred on the Supreme Court by clause (1) of article 134 of the Constitution, 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person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years; (b) has withdrawn for trial before itself any case from any court subordinate to its authority and has in such trial convicted the accused person and sentenced him to imprisonment for life or to imprisonment for a period of not less than ten years.

STATEMENT OF OBJECTS AND REASONS

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STATEMENT OF OBJECTS AND REASONS While sub-clauses (a) and (b) of Art, 134(1) of the Constitution confer upon the accused an absolute right of appeal, clause (c) confers upon the High Court a discretion to grant certificate to the accused to appeal in cases not falling under sub-clauses (a) and (b). The grant of certificate under Art 134(1)(c) is not a matter of course. The certificate is granted only where there has been an infringement of the essential principles of Justice or there is substantial question of law or principle involved; in short the certificate would not be granted unless there are exceptional and special circumstances. The Supreme Court has also held that the conditions pre-requisite for the exercise of the discretionary power to grant a certificate under Art. 134(1)(c) cannot be precisely formulated but it should be exercised sparingly and not to convert the Supreme Court into an ordinary Court of criminal appeal An accused person has no absolute right of appeal even in circumstances mentioned in clause (a) and (b) of Art. 134(1) if the High Court sentences him in life imprisonment or imprisonment of 10 or more years.