Question And Answer
Subject: Criminal appeals
Category: 
Querist: Patil
Answered by:
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Date: August 24, 2025
Query asked by Patil

The accused was acquitted on ground of insanity in case of murder by high court.
State prefered appeal to supreme court under Article 132&134 of indian constitution.
Does the appeal is maintainable?

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Answer given by

The appeal is maintainable under Article 132 only if the case involves a substantial question of law as to the interpretation of the Constitution and the High Court issues a certificate to that effect. An acquittal on insanity grounds is unlikely to meet this threshold unless it involves a constitutional issue.

The appeal is not maintainable under Article 134 clauses (a) or (b) because the High Court acquitted the accused, rather than reversing an acquittal or convicting after withdrawing a case. It could be maintainable under clause (c) only if the High Court certifies under Article 134A that the case is fit for appeal, which would depend on whether the acquittal on insanity grounds raises a significant question of law.

Without High Court certification under Article 134A for either Article 132 or 134, the appeal is not maintainable.

However, the state could file a Special Leave Petition under Article 136. The Supreme Court’s discretion in such cases is limited, particularly for acquittals, and would require demonstrating a significant legal error or miscarriage of justice.



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