CrPC Section 416
โ๏ธ Section 416 CrPC โ Transfer of Cases from One Court to Another
๐ Text of Section 416:
"If it appears to the High Court that the ends of justice require that any case pending before a Court subordinate to it should be transferred to another Court subordinate to it, the High Court may make an order accordingly."
โ Explanation in Simple Terms:
๐ What Section 416 Means:
This section gives the High Court the power to transfer a pending criminal case from one subordinate court to another subordinate court under its jurisdiction.
The transfer can be made only if the High Court believes it is necessary for the "ends of justice."
The goal is to ensure fair trial, prevent bias or undue delay, or for any other reason that serves justice.
๐น Key Points:
Who can order the transfer?
Only the High Court.
From where to where?
From one subordinate court to another subordinate court within the same High Courtโs jurisdiction.
For example, from one Magistrate court to another Magistrate court in a different district.
When can the transfer be ordered?
Only when the ends of justice require it.
This could be due to impartiality concerns, convenience, or efficiency.
Effect of the order:
The case will be transferred and continued in the new court.
The transferred court will have full jurisdiction to try the case.
๐ง Purpose of Section 416:
To ensure fairness and impartiality in trials.
To avoid harassment or bias in any particular court.
To facilitate the efficient administration of justice by moving cases where they can be best handled.
๐ Illustration:
Suppose:
A criminal case is pending in a Magistrate court in District A.
The accused alleges the court is biased or there are chances of unfair trial.
The accused petitions the High Court.
The High Court agrees and orders the case to be transferred to a Magistrate court in District B.
The case proceeds fairly in the new court.
๐ Important Notes:
The power under Section 416 is discretionary and exercised sparingly.
The High Court must be satisfied that transfer is necessary for justice.
This section applies only to subordinate courts, not Sessions Court or High Court itself.
๐ Related Sections:
Section 407 CrPC: Transfer of cases from one High Court to another High Court.
Section 25 CrPC: Transfer of cases by the State Government.
Section 406 CrPC: Transfer of cases from one Sessions Court to another Sessions Court.
โ Summary Table:
| Element | Explanation |
|---|---|
| Authority | High Court |
| Scope | Transfer of cases between subordinate courts under the High Court |
| Condition | When ends of justice require |
| Purpose | To ensure fairness, impartiality, and efficient administration of justice |
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