CrPC Section 367
📘 Section 367 CrPC – Transfer of Cases from One Magistrate to Another
⚖️ What is Section 367 about?
Section 367 deals with the power to transfer a case or proceeding from one Magistrate to another. This ensures that a case can be moved to a different Magistrate for a fair and proper trial or investigation.
🧱 Detailed Explanation
Sometimes, for various reasons such as:
Convenience, impartiality, or administrative efficiency, or
If the Magistrate before whom the case is pending is unavailable or unable to try the case,
Section 367 allows this transfer either:
On the application of any party to the case, or
By the Magistrate's own motion (suo moto).
🧠 Who can order the transfer?
A District Magistrate or
A Session Judge,
may order the transfer of any case pending before a Magistrate subordinate to them.
📌 Key Points
The purpose is to ensure justice is done without unnecessary delay.
Transfer can happen at any stage of the proceedings.
Transfer may be ordered to ensure fairness and impartiality or due to any practical difficulties.
The new Magistrate will take up the case from the stage it was transferred.
🔍 Example
If a trial is ongoing before Magistrate A but the accused feels Magistrate A is biased, they may apply for the case to be transferred to Magistrate B under Section 367.
Or if Magistrate A is transferred to another district and cannot continue, the District Magistrate may transfer the case to Magistrate B.
🧾 Summary of Section 367 CrPC
| Element | Explanation |
|---|---|
| Power | Transfer a case from one Magistrate to another |
| Authority | District Magistrate or Session Judge |
| When | At any stage of proceedings |
| Who can apply | Any party or Magistrate suo moto |
| Purpose | Fair trial, convenience, impartiality, availability |
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