The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
Administered Ministry: Ministry of Law and Justice / Department of Justice
Act details
| Short title | The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 |
|---|---|
| Long title | An Act to enlarge the appellate jurisdiction of the Supreme Court in regard to criminal matters. |
| Act number | 28 of 1970 |
| Act year | 1970 |
| Enactment date | 9 Aug 1970 |
| Ministry | Ministry of Law and Justice / Department of Justice |
| Department | Department of Justice |
| Jurisdiction | Central (Parliament of India) |
| Sections | 2 |
| Status | Not repealed |
| Last checked on India Code | 3 Nov 2026 |
| Source | India Code, Government of India |
Summary
Summary of The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
Overview
*Legislation Details: The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 (Act No. 28 of 1970), enacted on 9th August 1970. *Geographical Scope: Applies to the entirety of India.
Key Provisions
1. Enhanced Appellate Authority: - Direct Appeal to Supreme Court: Available in specific criminal cases decided by High Courts:
• Scenario 1: When a High Court overturns an acquittal and imposes a sentence of at least 10 years or life imprisonment.
• Scenario 2: In cases initially tried by the High Court (having been withdrawn from a subordinate court), resulting in a conviction with a sentence of at least 10 years or life imprisonment.
Legislative history
Legislative History:
The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
● Act Title - The Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970
● Act Number / Year - 28 of 1970
● Act ID (India Code) - 197028
● Presidential Assent Date - August 9, 1970
● Enforcement Date - August 9, 1970
● Nodal Ministry - Ministry of Law and Justice
Precedent & Historical Rationale
● Constitutional Expansion under Article 134(2) - Enacted pursuant to Clause (2) of Article 134 of the Constitution of India, which empowers Parliament to confer on the Supreme Court further powers to entertain and hear appeals from any judgment, final order, or sentence in a criminal proceeding of a High Court.
● Expanded Right of Criminal Appeal - Formulated to grant an automatic statutory right of appeal as a matter of right (without requiring a High Court certificate of fitness) in cases where a High Court, on appeal, reversed an order of acquittal and sentenced an accused to life imprisonment or imprisonment for not less than 10 years, ensuring broader appellate review in high-stakes criminal matters.
Parliamentary Trajectory & Enactment
● Formulation - Introduced as a Private Member's Bill by Shri Nath Pai in the Lok Sabha to bridge the gap in criminal appellate remedy, which previously granted direct appeals to the Supreme Court as of right only in death penalty cases.
● Parliamentary Passage - Debated extensively and passed by both Houses of Parliament (Fourth Lok Sabha and Rajya Sabha) with bipartisan support during the 1970 monsoon session.
● Presidential Assent - Received Presidential Assent on August 9, 1970.
● Enforcement - Enforced on August 9, 1970.
Source - Official Record of Parliament, India Code, and Ministry of Law and Justice.