CrPC Section 408
Section 408 of the Criminal Procedure Code (CrPC), 1973 (India):
⚖️ Section 408 CrPC – Power of Sessions Judge to Transfer Cases and Appeals
🔹 What does Section 408 say?
This section empowers the Sessions Judge to transfer cases and appeals from one criminal court to another within their sessions division.
🔍 Key Provisions:
Authority:
The Sessions Judge may transfer any case or appeal pending in a Subordinate Criminal Court (within the same sessions division) to another competent court.
Conditions:
The transfer can be done on the application of a party (prosecution or defence), or
Suo motu (on the Sessions Judge’s own initiative), if deemed necessary for the ends of justice.
Procedure:
If an application is made for transfer, the Sessions Judge must notify the other party and provide an opportunity to be heard before making a decision.
🧠 In Simple Terms:
If someone feels that a fair trial is not possible in a particular court due to bias, inconvenience, or any valid reason, they can request the Sessions Judge to transfer the case or appeal to another appropriate court within the same district or division.
✅ Purpose:
To ensure fairness and impartiality in criminal proceedings.
To prevent miscarriage of justice due to local influence, bias, or other practical difficulties.
To allow flexibility in court management.
📌 Example:
Suppose an accused feels the Magistrate handling their case is biased due to a personal connection with the complainant. The accused can file an application before the Sessions Judge under Section 408 asking for the case to be transferred to another court.
🧾 Important Notes:
The Sessions Judge must record reasons for the transfer.
The power is administrative and judicial, and can be challenged in revision under certain circumstances.
Would you like:
The bare act language of Section 408?
A format for a transfer application under this section?
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