SLP (Criminal) — Special Leave Petition in Criminal Matters
Legal Basis
Filed under Article 136 of the Constitution of India, an SLP (Criminal) allows a party to seek special permission from the Supreme Court to appeal against any judgment, order, or sentence passed by a High Court in a criminal case, where no statutory right of appeal exists.
When Can It Be Filed
You can file an SLP (Criminal) in the following cases:
- When the High Court reverses an acquittal and convicts the accused.
- When the High Court dismisses a criminal appeal or confirms conviction/sentence.
- When bail is rejected or cancelled by the High Court.
- Against any order of the High Court in criminal jurisdiction, causing grave injustice.
Time Limit
- 90 days from the date of the High Court’s judgment/order.
- 60 days from dismissal of a review petition, if one was filed in the High Court.
Key Features
- Filing of SLP (Criminal) does not automatically stay conviction or sentence — a separate stay or bail application must be filed.
- The Supreme Court has discretionary power — it grants leave only in cases involving substantial injustice or error of law.
- Once leave is granted, the petition is converted into a Criminal Appeal.
