Transfer of Cases under CRPC | Criminal Law - CLAT PG PDF Download

Introduction 

The Code of Criminal Procedure, 1973  outlines the mandatory procedures for handling criminal cases. Chapter XXXI addresses the transfer of criminal cases from Section 406 to 411, aiming to ensure justice and alleviate the burden of pending cases and appeals. This chapter also emphasizes the right to appeal, which is primarily available in the High Court, with the Supreme Court's involvement being exceptional.

Transfer of Cases and Appeals by the Supreme Court 

Section 406 of the Code of Criminal Procedure empowers the Supreme Court  to transfer cases and appeals between High Courts to ensure justice and uphold natural justice principles.

Application for Transfer 

• Parties fearing an unfair trial or lacking justice can request transfer.
• Applications must be in motion form, supported by an affidavit, except for Attorney General or Advocate General.

Scope of Transfer 

• The Supreme Court can transfer cases from any subordinate court to uphold fairness and natural justice.
• Parties can raise concerns about their right to a fair trial.

Grounds for Transfer 

• To uphold justice.
• Recommendations from superior judicial officers.
• Trial court requests.
• Lack of complete jurisdiction.
• Conflicts between parties and judicial officers.
• Violations of natural justice principles.

Transfer of Cases and Appeals by High Court 

• The right to a fair trial under Article 21 of the Indian Constitution is at risk.
• The case involves unusually difficult questions.
• Transfer is mandated by the Code.
• Transfer is in the general interest of parties or witnesses.

Orders by the High Court 

• The High Court can order inquiries by other courts under Section 177 and Section 185 of the Code.
• Transfer cases from subordinate courts to courts with equal or superior jurisdiction.
• Refer cases to the Sessions Court or the High Court itself.

Instances of Transfer 

• Transfer at the request of the lower court.
• Transfer at the request of interested parties.
• High Court's discretion for the best interest of parties.

(i) Stay of Proceedings in Subordinate Courts : Section 407(6) allows the High Court to stay proceedings in subordinate courts during transfer applications, ensuring sessions court's remand powers remain intact.

(ii) Dismissal of Applications by High Court : If the High Court finds transfer applications vexatious, it may order compensation up to one thousand rupees to opposing parties, considering case circumstances.

(iii) Transfer of Cases and Appeals by Sessions Judge : Section 408 of the Code empowers Sessions Judges  to transfer cases within their session's division to ensure justice.

(iv) Withdrawal of Cases and Appeals by Sessions Judges :Section 409 grantsSessions Judges  the power to withdraw or recall cases from Additional Sessions Judges or Chief Judicial Magistrates, deciding on further actions.

Withdrawal of Cases by Judicial Magistrates 

• Section 410 empowers theChief Judicial Magistrate  to transfer or recall cases from subordinate Magistrates, with the authority to hear and try the cases himself or refer them to other competent Magistrates.
• Judicial Magistrates can recall cases transferred to others under Section 192 and inquire into them independently.

Making Over or Withdrawal of Cases by Executive Magistrates 

• Section 411 grants District Magistrates  or Sub-divisional Magistrates  the authority to withdraw proceedings from subordinate Magistrates for disposal or to refer cases for disposal to other competent Magistrates.
• Executive Magistrates can withdraw or recall cases previously transferred to subordinate Magistrates for disposal.