Q. With reference to criminal appellate jurisdiction of the Supreme Court, consider the following statements:
1. The criminal appellate jurisdiction of the Supreme Court has been reduced since independence.
2. An appeal lies to the Supreme Court as a matter of right if the high court has reversed the acquittal of an accused person and sentenced him to death.
3. There is no provision for Special Leave Petition in criminal cases.
How many statements given above are correct?
Exp) Option a is the correct answer.
The Supreme Court is primarily a court of appeal and hears appeals against the judgements of the lower courts under four heads: constitutional matters, civil matters, criminal matters and appeals by special leave.
Statement 1 is incorrect: The Parliament had enlarged the Criminal Appellate Jurisdiction of the Supreme Court in 1970. Accordingly, an appeal lies to the Supreme Court from the judgement of a high court if the high court: has on appeal, reversed an order of acquittal of an accused person and sentenced him to imprisonment for life or for ten years; or has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to imprisonment for life or for ten years
Statement 2 is correct: The Supreme Court hears appeals against the judgement in a criminal proceeding of a high court if the high court has on appeal reversed an order of acquittal of an accused person and sentenced him to death; or has taken before itself any case from any subordinate court and convicted the accused person and sentenced him to death; or certifies that the case is a fit one for appeal to the Supreme Court In the first two cases, an appeal lies to the Supreme Court as a matter of right (i.e., without any certificate of the high court). But if the high court has reversed the order of conviction and has ordered the acquittal of the accused, there is no right to appeal to the Supreme Court.
Statement 3 is incorrect: The appellate jurisdiction of the Supreme Court extends to all civil and criminal cases. The Supreme Court is authorised to grant in its discretion special leave to appeal from any judgement in any matter passed by any court or tribunal in the country (except military tribunal and court martial). It may be related to any matter–constitutional, civil, criminal, income-tax, labour, revenue, advocates, etc

