CrPC Section 406
Section 406 of the Criminal Procedure Code (CrPC), 1973 (India):
๐น Section 406 CrPC โ Power of Supreme Court to Transfer Cases and Appeals
Text (Simplified Summary):
The Supreme Court of India has the power to transfer any case or appeal from one High Court to another High Court, or from a criminal court in one State to a criminal court in another State, if it is expedient for the ends of justice.
Key Provisions:
Who Can Transfer?
Only the Supreme Court has the power under this section.
What Can Be Transferred?
Any criminal case or appeal pending:
In a High Court, or
In a Court subordinate to a High Court.
Grounds for Transfer:
The transfer must be deemed "expedient for the ends of justice."
This may include:
Threat to fair trial (bias, hostility, media influence).
Safety of the parties or witnesses.
Public interest or convenience of parties.
Who Can Apply?
The Attorney-General of India, or
Any party involved in the case with the permission of the Supreme Court.
Procedure:
An application must be filed before the Supreme Court.
Notice is generally given to the other parties.
The Supreme Court may impose conditions or costs if it sees fit.
Purpose of Section 406:
To ensure fair and impartial trial when local conditions make it unlikely.
To prevent miscarriage of justice due to external pressures or biases in the local environment.
To safeguard the integrity of the judicial process.
Examples:
If a high-profile criminal case is pending in a state court and thereโs a serious concern of local bias, media pressure, or threats, the Supreme Court may transfer the case to another state for a fair trial.
Cases involving communal tension or political sensitivity are sometimes transferred under this section.
โ Landmark Case:
Zahira Habibullah Sheikh v. State of Gujarat (2004)
The Supreme Court transferred the Best Bakery case from Gujarat to Maharashtra under Section 406 due to concerns about a fair trial in the original location.
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