Writs & Supreme Court

Special Leave Petition (Criminal) under Article 136 of the Constitution

A Special Leave Petition (Criminal) is a petition seeking the Supreme Court's discretionary permission to appeal against any final order or judgment of a High Court in a criminal matter. It is the primary mechanism to invoke the Supreme Court's residual appellate jurisdiction when no statutory right of appeal exists.

This petition is filed under Article 136 of the Constitution of India and is governed by the Supreme Court Rules, 2013, specifically Order XXII. It is used to challenge a wide range of High Court orders, including the affirmation of a conviction or sentence, and the denial of bail.

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Governing law
Constitution Art 136 + Supreme Court Rules 2013, Order XXII Rule 2
Sections
s. Article 136s. Order XXII Rule 2(i)s. Order XXII Rule 2(2)s. Order XXII Rule 4
Filed before
Supreme Court of India (Criminal Appellate Jurisdiction)

When this is the right filing

  • To challenge a High Court's final order affirming a conviction or sentence passed by a trial court.
  • To challenge a High Court's order denying bail. The Supreme Court does not entertain a fresh bail application; the remedy is this SLP with an interim prayer for bail.
  • To bring a criminal matter before the Supreme Court where there is a substantial question of law of general importance or a gross miscarriage of justice.
  • When no other statutory right of appeal to the Supreme Court is available against the High Court's order.
  • Do not use this petition if a statutory appeal lies to the Supreme Court under another provision, such as Section 379 of the Code of Criminal Procedure, 1973.

What the court looks for

  • A clear demonstration that the High Court's order involves a substantial question of law of general importance or has resulted in a manifest miscarriage of justice, as Article 136 provides a discretionary and residual jurisdiction.
  • A precise Synopsis and List of Dates that narrate the factual background chronologically, from the FIR or registration date to the impugned High Court order.
  • Compliance with the Supreme Court Rules, 2013, including the mandatory declarations under Order XXII Rule 2(2) (that no other SLP has been filed) and Rule 4 (that annexures are true copies).
  • Properly framed Questions of Law and Grounds that mirror each other, articulating specific errors of law by the High Court rather than seeking a mere re-appreciation of facts.
  • A complete paper-book with an Index, all necessary accompanying applications (such as condonation of delay), and annexures marked in the order they are first referenced.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Index
  2. 2Office report on limitation
  3. 3Proforma for first listing
  4. 4Synopsis
  5. 5List of dates & events
  6. 6Question of law
  7. 7Declaration in terms of rule 2(2)
  8. 8Declaration in terms of rule 4
  9. 9Grounds
  10. 10Ground for interim relief
  11. 11Main prayer
  12. 12Prayer for interim relief
  13. 13Certificate
  14. 14Affidavit
  15. 15Appendix-i
  16. 16An application for condonation of delay in filing the special leave petition
  17. 17An application for exemption from filing official translation
  18. 18An application for exemption from filing certified copy of impugned judgment
  19. 19An application for exemption from filing original signed vakalatnama & affidavit
  20. 20Memo of parties (position of the parties)
How it opens
In the light of the foregoing, it is respectfully submitted that the Impugned Judgment warrants interference by this Hon'ble Court and it is expedient and necessary in the interest of justice that this Hon'ble Court may graciously be pleased to [relief prayed in short], failing which the Petitioner shall suffer irreparable loss and injury.

Bracketed items are filled from your case.

Frequently asked questions

Can a fresh bail application be filed directly in the Supreme Court if the High Court rejects bail?

No. The Supreme Court does not entertain a fresh bail application in such a scenario. The correct legal remedy is to file a Special Leave Petition (Criminal) under Article 136 challenging the High Court's order denying bail, with an interim prayer for bail included in the petition.

What is the significance of the declarations under Order XXII Rule 2(2) and Rule 4 of the Supreme Court Rules?

The declaration under Rule 2(2) confirms that the petitioner has not filed any other petition in any court against the same impugned order. The declaration under Rule 4 certifies that the documents annexed to the petition are true copies of their originals. Both are mandatory components of a valid Special Leave Petition.

What is the difference between the Synopsis and the List of Dates in an SLP?

The Synopsis is a concise narrative of the facts and the legal context of the case, presented in paragraph form. The List of Dates is a chronological table of events, starting from the initiation of the dispute and ending with the impugned High Court order, with each event referencing its corresponding annexure in the paper-book.

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