Q. A person ‘Z’ was acquitted by a lower court in India. After that, the appeal was made against the judgment in the high court of the state concerned. The high court has reversed the order and sentenced him to death.
In this context, consider the following statements:
Which of the above statements is/are correct?
Q. A person ‘Z’ was acquitted by a lower court in India. After that, the appeal was made against the judgment in the high court of the state concerned. The high court has reversed the order and sentenced him to death.
In this context, consider the following statements:
Which of the above statements is/are correct?
The correct option is B 2 only
Explanation:
The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree, or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.
Appellate jurisdiction:
The Supreme Court is primarily a court of appeal and hears appeals against the judgments of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
- Appeals in constitutional matters
- Appeals in civil matters
- Appeals in criminal matters (the given case study comes under this head)
- Appeals by special leave
The supreme court hears the appeals against the proceedings of the high court in the following cases:
- Where the High Court on appeal reversed an order of acquittal of an accused and sentenced him to death.
- Where the High Court has taken any case before itself from the subordinate court and gives the death sentence to the accused.
- Where the court certifies that the case is fit for an appeal to the supreme court.
Here in the first two cases, the accused has a legal right to appeal in the supreme court. There is no need for the certification of the High Court.
The given case study comes under the first situation, so person Z has a legal right to appeal in the supreme court and for that, he does not need any certification by the court.
Hence only the 2nd statement is correct.
Explanation:
The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgment, decree, or final order of a High Court in both civil and criminal cases, involving substantial questions of law as to the interpretation of the Constitution.
Appellate jurisdiction:
The Supreme Court is primarily a court of appeal and hears appeals against the judgments of the lower courts. It enjoys a wide appellate jurisdiction which can be classified under four heads:
- Appeals in constitutional matters
- Appeals in civil matters
- Appeals in criminal matters (the given case study comes under this head)
- Appeals by special leave
The supreme court hears the appeals against the proceedings of the high court in the following cases:
- Where the High Court on appeal reversed an order of acquittal of an accused and sentenced him to death.
- Where the High Court has taken any case before itself from the subordinate court and gives the death sentence to the accused.
- Where the court certifies that the case is fit for an appeal to the supreme court.
Here in the first two cases, the accused has a legal right to appeal in the supreme court. There is no need for the certification of the High Court.
The given case study comes under the first situation, so person Z has a legal right to appeal in the supreme court and for that, he does not need any certification by the court.
Hence only the 2nd statement is correct.
