With respect to appeal the very first question born in our mind that is appeal our inherent right means can we go for appeal in any and every case per se or we can go only in cases provided in any law? The answer of this question we can get from section 372 of CrPC which says that “no appeal shall lie from any judgment or order of a criminal court except as provided by this Code (CrPC) or any other law which authorizes an appeal” and with this we can say that appeal is not our inherent right rather it is a creature of the statute means this is our statutory right.
Supreme Court is Apex Court means the highest court of India. The general Rule with respect to appeal is that appeal shall lie to the court to which an appeal ordinarily lies against the order of conviction of such court, and as we know that Supreme Court is Apex Court means the highest court of India and thus the matter cannot go directly to the Supreme Court rather the Supreme Court holds only appellate jurisdiction be it in civil matters or criminal matters.
Under the following provisions in criminal matters: –
- According to the provision of S.374(1) CrPC, against the judgment, order, or sentence of the High Court passed in its extraordinary original criminal jurisdiction, an appeal lies to Supreme Court.
- According to the provision of section 379 of CrPC, if High Court reversed any Judgment, order, or sentence of acquittal into the death penalty or life imprisonment or imprisonment for a term of 10 years or more then the appeal lies to Supreme Court.
- According to Article 132 (1) if High Court certifies that a particular matter or case involves a substantial question of law as to the interpretation of the Constitution then the matter goes to Supreme Court in appeal for the determination of that question
- According to Article 132(2), if High Court refuses to certify that a particular case involves a substantial question of law as to the interpretation of the Constitution, The Supreme Court may, if it is satisfied that the case involves a substantial question of law as to the interpretation of the constitution, grant special leave to appeal from such judgment or order, or sentence.
- According to the provision given under Article 134 of the Constitution, an appeal lies to Supreme Court from any judgment, order, or sentence in a criminal proceeding of a High Court, if High Court has withdrawn any case from any court subordinate to it, for trial before itself and convicted the accused person and sentenced him to death.
- Appeal may also go directly to Supreme Court under Article 136 of the Constitution if Supreme Court has granted the special leave to appeal from any judgment, order, or sentence made by any court or tribunal.
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