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SUPREME COURT (ENLARGEMENT OF CRIMINAL, APPELLATE JURISDICTION) ACT, 1970
28 of 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:-
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 a 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 clauses (a) and (b) of Art. 134 (1) if the High Court sentences him in life imprisonment or imprisonment of 10 or more years. In such a case his appeal would be admitted in special and exceptional circumstances only either under Art. 134 (1) (c) or Art. 136 of the Constitution. In regard to civil matters, an appeal lies to the Supreme Court as of right in all cases where the amount or the value of the subject-matter of dispute is Rs. 20,000 or more or where the claim or question respecting property of the like amount or value is directly or indirectly involved, though the case is not a fit one for appeal to Supreme Court [vide Art. 133 (1) sub-clauses (a), (b) and (c)] but. Strangely enough no such absolute right is given to an accused person as of right where the High Court has on appeal reversed an order of acquittal and sentenced him to imprisonment for life or imprisonment of 10 or more years resulting in loss of his valuable right of human liberty, It is therefore proposed to enlarge the appellate jurisdiction of the Supreme Court empowering it to entertain and hear appeals also in cases mentioned in sub-clauses (a) and (b) of clause 2 of the Bill. Such a course is in consonance with the provisions of Art. 134 (2) of the Constitution.-S.O.R. Amending Act 37 of 1972.- The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, extends to the whole of India except the State of Jammu and Kashmir. The Act enable accused persons to prefer an appeal as of right to the Supreme Court against orders of High Courts sentencing them to imprisonment for life or for a period of not less than ten years when such order is passed by a High Court after reversing a judgment of acquittal or where the High Court has withdrawn a case from a subordinate court to itself for trial and sentenced the accused to imprisonment for a term specified above. 2. The State Legislature of Jammu and Kashmir has passed on the 14th day of September, 1971, resolutions under clause (2) of article 134 of the Constitution, as applicable to that State, requesting the extension of the jurisdiction of the Supreme Court to that State in matters covered by the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970, so that convicted person in that State, may also have the same right of appeal as are available to similarly situated persons in other parts of India. 3. The Bill seeks to give effect to the above object.-Gaz. of lnd" 30-5-1972. Pt. II, S. 2, Ext., p. 572.
SECTION 01: SHORT TITLE AND EXTENT
(1) This Act may be called THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970.
(2) It extends to the whole of India 2[* * * * *].
SECTION 02: 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 Art. 134 of the Constitution, an appeal shall lie to the Supreme Court from any judgment, final order of 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 tea years.
OBJECTS AND REASONS Clause 2-The Committee fed that the right of of India. With this end in view and to make it appeal to the Supreme Court proposed to be dear, the opening part of this dame has been given under this clause should be in addition to amended accordingly.-J.C.R. those provided in Art. 134 (1) of the Constitution.
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