CrPC Section 475
📖 CrPC Section 475 – Power of High Court or Sessions Judge to transfer cases
Section 475 of the Code of Criminal Procedure (CrPC) gives the High Court and Sessions Judge the authority to transfer criminal cases from one court subordinate to them to another court within their jurisdiction.
⚖️ Key Points:
Purpose –
To ensure fair trial, proper administration of justice, and avoid undue delay in criminal proceedings.
Transfers are meant to prevent bias, inconvenience, or prejudice.
Authority –
High Court – can transfer cases from one subordinate court to another within the state or territory.
District or Sessions Judge – can transfer cases from one court to another within the district.
Types of cases that can be transferred –
Any criminal case pending in subordinate courts.
Includes cognizable or non-cognizable offences.
Reasons for transfer –
Bias or influence over the presiding officer.
Convenience of witnesses or parties.
Administrative reasons like court workload.
Mode of transfer –
Can be on application by a party, or suo motu (on its own).
After transfer, the new court will continue the trial from the stage it was at.
📌 Simplified Explanation:
Section 475 allows the High Court or Sessions Judge to move a criminal case from one court to another subordinate court for fair trial or efficiency.
The goal is to maintain impartiality and smooth conduct of justice.
✅ Example:
A criminal case is being heard in Court A in a district.
The accused claims that the judge is biased, or witnesses are finding it difficult to attend the court.
The Sessions Judge transfers the case to Court B within the same district under Section 475.
Court B continues the trial fairly.
⚠️ Important Notes:
Section 475 applies only to subordinate courts, not to High Courts themselves.
Transfers must be done in the interest of justice, not arbitrarily.
Helps ensure speedy and impartial trials.
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