SLP (Criminal) under Article 136: legal basis
Article 136 of the Constitution confers a discretionary power on the Supreme Court of India to grant special leave to appeal from a judgment, decree, determination, sentence or order made by a court or tribunal in the territory of India, subject to the constitutional exception relating to courts or tribunals constituted by or under laws relating to the Armed Forces.
For criminal matters, the petition should be prepared in accordance with the Supreme Court Rules, 2013, particularly the provisions governing criminal special leave petitions in Order XXII, together with other applicable Orders, Registry directions, filing requirements and subsequent amendments. The Supreme Court's Rules page presently lists amendments made in 2024 and 2025 in addition to the 2013 Rules.
The specimen below is a drafting aid. Names, dates, statutory provisions, questions of law, grounds, prayers, annexures, surrender status and limitation must be adapted to the actual case. References to the IPC, CrPC or older enactments in an existing case may remain legally relevant depending on the date of the alleged offence and the applicable repeal-and-savings provisions; for post-1 July 2024 matters, the Bharatiya Nyaya Sanhita, 2023, Bharatiya Nagarik Suraksha Sanhita, 2023 and Bharatiya Sakshya Adhiniyam, 2023 may require consideration.
Practical filing checklist for an SLP (Criminal)
Registry requirements depend on the nature of the case and current filing directions. Before filing, verify the latest Supreme Court Rules, Forms, Default List and e-Filing requirements. Common items include:
- Correct cause title, particulars of the impugned judgment/order and the courts below.
- A concise synopsis and chronological list of dates/events.
- Precisely framed questions of law, grounds for special leave, grounds for interim relief, main prayer and interim prayer.
- Certified copy of the impugned judgment/order, or the appropriate application for exemption where permissible.
- Properly executed Vakalatnama, Memo of Appearance and supporting affidavit, as applicable.
- Official translations or the appropriate application for exemption where vernacular material is relied upon.
- Application for condonation of delay where the petition is beyond limitation.
- Where a sentence of imprisonment is involved, proof of surrender or an application seeking exemption from surrender in accordance with Order XXII Rule 5.
- Applicable court fee and compliance with the current paper-book/e-filing requirements.
Illustrative synopsis and list of dates
The following preserves the substance of the earlier illustrative Sikkim fact pattern while presenting it in a cleaner format. Replace every placeholder and verify every case-specific legal provision before use.
Synopsis and List of Dates
The present Special Leave Petition is preferred against the impugned judgment/order dated 20.08.20__ in Criminal Appeal No. __ of 20__ passed by the High Court of Sikkim, whereby the High Court dismissed the appeal against the judgment of conviction and order of sentence dated 19.12.20__ passed by the learned Special Judge under the Sikkim Anti-Drugs Act (SADA).
The prosecution case was that prescription drugs/contraband articles were recovered from a vehicle allegedly driven by the petitioner. The petitioner challenges the conviction, inter alia, on the basis of alleged inconsistencies in the prosecution evidence, the manner of seizure and alleged non-compliance with mandatory statutory safeguards.
Brief facts
The petitioner was a driver aged about __ years. According to the prosecution, on 28.10.20__, the vehicle in which the petitioner and another accused were travelling from the West Bengal side was searched while entering Sikkim. Capsules and cough-syrup bottles were allegedly recovered and both accused were arrested. A forensic report was subsequently relied upon by the prosecution.
The petitioner contends that the courts below did not adequately evaluate material inconsistencies in the evidence of the prosecution witnesses, including the independent witnesses, and that the statutory safeguards applicable to search and seizure were not properly complied with.
Special Leave Petition (Criminal) specimen format
In the Supreme Court of India
Criminal Appellate Jurisdiction
Petition for Special Leave to Appeal (Criminal) No. ____ of 20__
Under Article 136 of the Constitution of India
(Against the final judgment/order dated __.__.20__ passed by the High Court of __________ in Criminal Appeal/Petition No. ______ of 20__)
IN THE MATTER OF:
ABC
[Position before the court(s) below] ... Petitioner
Versus
State of __________ & Anr.
[Position before the court(s) below] ... Respondent(s)
Petition for Special Leave to Appeal under Article 136 of the Constitution of India
To,
The Hon'ble Chief Justice of India
and the Companion Judges of the Supreme Court of India.
The humble petition of the Petitioner above named:
Most Respectfully Showeth:
1. IMPUGNED JUDGMENT/ORDER
The petitioner respectfully submits this petition seeking special leave to appeal against the final judgment/order dated __.__.20__ passed by the High Court of __________ in Criminal Appeal/Petition No. ______ of 20__, whereby the High Court ________________________________. The relevant particulars of the proceedings before the courts below are stated in the synopsis and list of dates.
2. QUESTIONS OF LAW
The following questions of law arise for consideration by this Hon'ble Court:
A. Whether, in the facts and circumstances of the case, the conviction could be sustained when material prosecution evidence is alleged to be contradictory or unreliable?
B. Whether the courts below failed to apply the correct legal test while assessing the evidentiary value of the prosecution witnesses and the alleged recovery?
C. Whether material discrepancies in the prosecution case created reasonable doubt which was required to enure to the benefit of the petitioner?
D. Whether mandatory statutory safeguards governing search, seizure, reporting or recovery, as applicable to the case, were complied with?
E. Whether the prosecution established the petitioner's knowledge, possession and/or common intention beyond reasonable doubt, having regard to his alleged role as the driver of the vehicle and the separate seizure material?
F. Whether the sentence imposed is legally sustainable and proportionate in the circumstances established on record?
3. DECLARATION REGARDING EARLIER SLP
The petitioner states that no other petition seeking special leave to appeal has been filed against the impugned judgment/order. If any earlier petition was filed, full particulars and the result thereof shall be stated here in accordance with the applicable Supreme Court Rules.
4. DECLARATION REGARDING ANNEXURES
The petitioner states that the annexures produced with the present petition are true copies of the pleadings/documents forming part of the record of the proceedings below, except where any additional document is sought to be produced with a separate application in accordance with law.
5. GROUNDS
A. Because the impugned judgment is contrary to law and the evidence on record and has resulted in grave miscarriage of justice.
B. Because the courts below failed to properly consider the alleged inconsistencies in the depositions of the prosecution witnesses, including the independent witnesses relied upon in connection with the seizure.
C. Because the petitioner disputes compliance with the mandatory statutory procedure governing search, seizure, reporting and recovery and submits that the legal consequences of such non-compliance were not properly considered.
D. Because the prosecution did not establish beyond reasonable doubt that the petitioner shared the requisite knowledge or common intention merely by reason of being the driver of the vehicle, particularly when the seizure material attributed to the petitioner and the co-accused was different.
E. Because relevant defence circumstances, including the petitioner's conduct, treatment/rehabilitation history where legally relevant, and other mitigating circumstances were not given due weight.
F. Because the sentence is challenged as excessive or disproportionate on the facts of the case, without prejudice to the petitioner's primary challenge to conviction.
G. Because the petitioner craves leave to urge such further grounds as may be permitted at the time of hearing.
6. GROUNDS FOR INTERIM RELIEF
A. The petitioner has a substantial case for consideration and the petition raises arguable questions of law.
B. The petitioner has complied with earlier bail conditions and has not misused the liberty granted by the courts below, if supported by the record.
C. The balance of convenience lies in favour of interim protection and refusal of relief may cause irreversible prejudice before the petition is finally heard.
D. Where the petitioner has been sentenced to imprisonment, the surrender position and any request for exemption from surrender shall be separately and correctly disclosed in accordance with Order XXII Rule 5 and current Registry requirements.
7. MAIN PRAYER
In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) grant special leave to appeal against the final judgment/order dated __.__.20__ passed by the High Court of __________ in Criminal Appeal/Petition No. ______ of 20__; and
(b) pass such other or further order(s) as this Hon'ble Court may deem fit and proper in the interests of justice.
8. INTERIM PRAYER
Pending hearing and final disposal of the present petition, it is most respectfully prayed that this Hon'ble Court may be pleased to:
(a) stay the operation/effect of the impugned judgment/order to the extent legally appropriate;
(b) suspend the execution of the sentence and/or grant such interim protection as may be permissible in the facts of the case; and
(c) pass such other or further interim order(s) as this Hon'ble Court may deem fit and proper.
FILED BY:
Advocate-on-Record for the Petitioner
Drawn by: __________
Settled by: __________
Drawn on: __________
Filed on: __________
New Delhi
Official Supreme Court resources
Use official sources to confirm the latest filing requirements before preparing or filing a petition:
Frequently asked questions
What is an SLP (Criminal) under Article 136?
It is a petition asking the Supreme Court to exercise its discretionary power under Article 136 to grant special leave to appeal against a judgment, sentence or order of a court or tribunal. Grant of leave is discretionary and is not an automatic further appeal.
Which Rules should be checked for a criminal SLP?
Check the current Supreme Court Rules, 2013, particularly Order XXII for criminal special leave petitions, along with all other applicable Orders, amendments, Registry directions, forms and filing requirements.
What if the petitioner has been sentenced to imprisonment?
Order XXII Rule 5 addresses surrender. If the petitioner has not surrendered, the filing must deal with the requirement for an application seeking exemption from surrender in accordance with the Rule and current Registry practice.
Should an old IPC/CrPC reference automatically be changed to BNS/BNSS?
No. The applicable substantive and procedural law depends on the relevant dates, nature of proceedings and statutory savings/transitional provisions. A pre-1 July 2024 prosecution may continue to involve the IPC or CrPC. Case-specific provisions should therefore be verified rather than mechanically substituted.