Transfer of Cases under CrPC
Transfer of Cases under CrPC
Introduction:
The transfer of cases under the CrPC allows courts to shift ongoing criminal proceedings from one court to another to ensure a fair trial, prevent harassment, avoid undue influence, or serve the interest of justice.
This power helps maintain the integrity of the judicial process and uphold public confidence in the administration of justice.
Legal Provisions:
The CrPC contains specific provisions dealing with transfer of cases:
1. Section 406 CrPC — Transfer of cases within the State
Empowers the High Court and the Sessions Judge to transfer cases or proceedings pending before subordinate courts within their jurisdiction.
Purpose: To ensure proper administration of justice or prevent abuse of process.
2. Section 407 CrPC — Transfer of cases from one State to another
Empowers the High Court or the Supreme Court to transfer cases from courts in one state to courts in another state.
Grounds: To serve interests of justice, public interest, or for the convenience of parties and witnesses.
3. Section 25 CrPC — Transfer of cases by High Courts and Supreme Court in the interest of justice
The Supreme Court can transfer any case or appeal pending in any court across India.
High Courts have similar powers within their jurisdiction.
Grounds: Preventing injustice or harassment, ensuring a fair trial, or for ends of justice.
Grounds and Objectives for Transfer:
To ensure a fair and impartial trial free from bias or influence.
To prevent harassment or victimization of any party.
To avoid inconvenience to parties or witnesses.
When public interest or law and order concerns arise.
To avoid conflicts of interest or overburdening of courts.
When there is a risk of miscarriage of justice in the original forum.
Procedure for Transfer:
Transfer can be requested by any party through an application or initiated suo motu by the court.
The court considers the reasons for transfer, including allegations of bias, convenience, and justice.
After hearing, the court may pass a transfer order and specify the court to which the case is transferred.
Generally, transfer orders are final and binding. They are not appealable but can be challenged by writ petitions under certain circumstances.
Important Case Laws:
1. State of Punjab v. Joginder Singh, AIR 1994 SC 569
The Supreme Court stated that the power to transfer cases should be exercised sparingly and only for genuine reasons such as fair trial and justice.
The court held that transfer should not be ordered as a routine or for convenience alone.
2. Shivaji Sahebrao Bobade v. The State of Maharashtra, AIR 1973 SC 185
The Court emphasized that the power of transfer cannot be used to defeat the jurisdiction of courts without just cause.
Transfer is a tool to uphold justice, not a method to harass parties.
3. Re: Transfer of Criminal Cases from Delhi to Bombay, AIR 1978 SC 997
The Supreme Court held that transfer should be ordered only when necessary for the proper administration of justice.
Arbitrary or unnecessary transfers must be avoided.
4. K. Anbazhagan v. P. Krishnamurthy, AIR 1988 SC 1640
The Supreme Court noted that the jurisdiction to transfer is a control jurisdiction to prevent miscarriage of justice, not an appellate jurisdiction.
Transfer powers are to be exercised with care.
5. Anil Rai v. State of Bihar, (2001) 6 SCC 496
The Supreme Court held that transfers should not be granted to facilitate trial in a more favorable forum or to cause harassment.
The court reiterated the need for judicious exercise of transfer powers.
Summary Table of Transfer Powers under CrPC:
| Provision | Authority | Jurisdiction | Grounds/Objective |
|---|---|---|---|
| Section 406 | High Court / Sessions Judge | Within the State | Proper administration, fairness |
| Section 407 | High Court / Supreme Court | Between States | Interests of justice, public interest, convenience |
| Section 25 | Supreme Court / High Courts | Across India (Supreme Court), Within State (High Courts) | Fair trial, prevention of injustice, ends of justice |
Practical Examples:
A high-profile criminal case in a state where the accused has significant influence may be transferred to another state to ensure impartiality.
Transfer to another court if witnesses or parties reside far away, causing hardship.
Transfer to avoid tension or law and order problems in the local area.
Transfer to consolidate related cases pending in different courts for efficient trial.
Conclusion:
The power to transfer cases under the CrPC is a vital judicial mechanism to safeguard fairness and justice in criminal proceedings. However, this power must be exercised judiciously, ensuring it is not misused for delay, harassment, or tactical advantage.
The judiciary’s consistent view is to balance the interests of all parties and uphold the rule of law by transferring cases only when truly necessary.
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