CrPC Section 318
Section 318 of the Criminal Procedure Code (CrPC), 1973 (India):
Section 318 – Change of Magistrate
What does Section 318 say?
This section gives a magistrate the power to transfer a case from himself to another magistrate of equal or higher jurisdiction.
The transfer can be done at any stage of the proceedings if the magistrate thinks it proper or expedient to do so.
Key points:
The Magistrate can voluntarily transfer the case without waiting for an application from either party.
The transfer can be to another magistrate of equal or higher rank within the same district or local area.
The purpose is to ensure fairness, impartiality, and proper administration of justice.
Why is this section important?
It helps to avoid bias or any apprehension of bias.
Allows for administrative convenience.
Enables smooth conduct of the trial if the magistrate feels unable to proceed for any reason.
Related sections:
Section 319 CrPC – Power to proceed against other persons appearing to be guilty.
Section 321 CrPC – Power of the Public Prosecutor to withdraw or compound offences.
Section 320 CrPC – Compounding of offences.
Summary:
| When? | What can magistrate do? |
|---|---|
| Any stage of proceedings | Transfer case to another magistrate of equal/higher jurisdiction |
RELATED Blog
0 comments