The
Code of Criminal Procedure, 1973
CHAPTER XXXI:
TRANSFER OF CRIMINAL CASES
406 Power of Supreme Court to transfer cases and appeals
(1) Whenever it is made to appear to the Supreme Court that an order
under this section is expedient for the ends of justice, it may direct
that any particular case or appeal be transferred from one High Court
to another High Court or from a Criminal Court subordinate to one High
Court to another Criminal Court of equal or superior jurisdiction subordinate
to another High Court.
(2) The Supreme Court may act under this section only on the application
of the Attorney-General of India or of a party interested, and every
such application shall be made by motion, which shall, except when the
applicant is the Attorney-General of India or the Advocate-General of
the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred
by this section is dismissed, the Supreme Court may, if it is of opinion
that the application was frivolous or vexatious, order the applicant
to pay by way of compensation to any person who has opposed the application
such sum not exceeding one thousand rupees as it may consider appropriate
in the circumstances of the case.
407. Power of High Court to transfer cases and appeals
(1) Whenever it is made to appear to the High Court-
(a) that a fair and impartial inquiry or trial cannot be had in any
Criminal Court subordinate thereto, or
(b) that some question of law of unusual difficulty is likely to arise;
or
(c) that an order under this section is required by any provision of
this Code, or will tend to the general convenience of the parties or
witnesses, or is expedient for the ends of justice,
it may order-
(i) that any offence be inquired into or tried by any Court not qualified
under sections 177 to 185 (both inclusive), but in other respects competent
to inquire into or try such offence;
(ii) that any particular case or appeal, or class of cases or appeals,
be transferred from a Criminal Court subordinate to its authority to
any other such Criminal Court of equal or superior jurisdiction;
(iii) that any particular case be committed for trial to a Court of
Session; or
(iv) that any particular case or appeal be transferred to and tried
before itself.
(2) The High Court may act either on the report of the lower Court,
or on the application of a party interested, or on its own initiative:
Provided that no application shall lie to the High Court for transferring
a case from one Criminal Court to another Criminal Court in the same
sessions division, unless an application for such transfer has been made
to the Sessions Judge and rejected by him.
(3) Every application for an order under sub-section (1) shall be made
by motion, which shall, except when the applicant is the Advocate-General
of the State, be supported by affidavit or affirmation.
(4) When such application is made by an accused person, the High Court
may direct him to execute a bond, with or without sureties, for the payment
of any compensation which the High Court may award under sub-section
(7).
(5) Every accused person making such application shall give to the
Public Prosecutor notice in writing of the application, together with
a copy of the grounds on which it is made; and no order shall be made
on the merits of the application unless at least twenty-four hours have
elapsed between the giving of such notice and the hearing of the application.
(6) Where the application is for the transfer of a case or appeal from
any subordinate Court, the High Court may, if it is satisfied that it
is necessary so to do in the interests of justice, order that, pending
the disposal of the application, the proceedings in the subordinate Court
shall be stayed, on such terms as the High Court may think fit to impose:
Provided that such stay shall not affect the subordinate Court's power
of remand under section 309.
(7) Where an application for an order under sub-section (1) is dismissed,
the High Court may, if it is of opinion that the application was frivolous
or vexatious, order the applicant to pay by way of compensation to any
person who has opposed the application such sum not exceeding one thousand
rupees as it may consider proper in the circumstances of the case.
(8) When the High Court orders under sub-section (1) that a case be
transferred from any Court for trial before itself, it shall observe
in such trial the same procedure which that Court would have observed
if the case had not been so transferred.
(9) Nothing in this section shall be deemed to affect any order of
Government under section 197.
408. Power of Sessions Judge to transfer cases and appeals
(1) Whenever it is made to appear to a Sessions Judge that an order
under this sub-section is expedient for the ends of justice, he may order
that any particular case be transferred from one Criminal Court to another
Criminal Court in his sessions division.
(2) The Sessions Judge may act either on the report of the lower Court,
or on the application of a party interested, or on his own initiative.
(3) The
provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section
407 shall apply in relation to an application to the Sessions Judge
for an order under sub-section (1) as they apply in relation to an
application to the High Court for an order under sub-section (1) of
section 407, except that sub-section (7) of that section shall so apply
as if for the words "one thousand rupees" occurring therein,
the words "two hundred and fifty rupees" were substituted.
409. Withdrawal of cases and appeals by Sessions Judges
(1) A Sessions Judge may withdraw any case or appeal from, or recall
any case or appeal which he has made over to, any Assistant Sessions
Judge or Chief Judicial Magistrate subordinate to him.
(2) At any time before the trial of the case or the hearing of the
appeal has commenced before the Additional Sessions Judge, a Sessions
Judge may recall any case or appeal which he has made over to any Additional
Sessions Judge.
(3) Where a Sessions Judge withdraws or recalls a case or appeal under
sub-section (1) or sub-section (2), he may either try the case in his
own Court or hear the appeal himself, or make it over in accordance with
the provisions of this Code to another Court for trial or hearing, as
the case may be.
410. Withdrawal of cases by Judicial Magistrates
(1) Any Chief Judicial Magistrate may withdraw any case from, or recall
any case which he has made over to, any Magistrate subordinate to him,
and may inquire into or try such case himself, or refer it for inquiry
or trial to any other such Magistrate competent to inquire into or try
the same.
(2) Any Judicial Magistrate may recall any case made over by him under
sub-section (2) of section 192 to any other Magistrate and may inquire
into or try such case himself.
411. Making over or withdrawal of cases by Executive Magistrates
Any District Magistrate or Sub-divisional Magistrate may-
(a) make over, for disposal, any proceeding which has been started
before him, to any Magistrate subordinate to him;
(b) withdraw any case from, or recall any case which he has made over
to, any Magistrate subordinate to him, and dispose of such proceeding
himself or refer it for disposal to any other Magistrate.
412. Reasons to be recorded
A Sessions Judge or Magistrate making an order under section 408, section
409, section 410 or section 411 shall record his reasons for making it.
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