Code:
Where two or more Courts have taken cognizance of the same offence and a question arises as to which of them ought to inquire into or try that offence, the question shall be decided
(a) if the Courts are subordinate to the same High Court, by that High Court;
(b) if the Courts are not subordinate to the same High Court, by the High Court within the local limits of whose appellate criminal jurisdiction the proceedings were first commenced,
and thereupon all other proceedings in respect of that offence shall be discontinued.
Explanation:
This section empowers the High Court to intervene and decide where an inquiry or trial should be conducted in specific situations. This power is invoked when:
- The accused believes that a fair and impartial inquiry or trial cannot take place in the original jurisdiction due to factors like public prejudice or fear of intimidation.
- The prosecution believes that conducting the inquiry or trial in a different place would be more convenient and conducive to justice.
The High Court has the authority to transfer the case to another court within its jurisdiction or even to a court in a different state, depending on the specific circumstances.
Illustration:
Imagine a high-profile case involving a prominent politician accused of corruption. Public sentiment is highly charged against the politician, and there’s a strong possibility of public prejudice influencing the proceedings in the original jurisdiction. In this scenario, the accused or the prosecution could approach the High Court under Section 186, seeking a transfer of the case to a different court, where a fair and impartial trial is more likely.
Common Questions and Answers:
Q: Who can apply for transfer under Section 186?
A: Both the accused and the prosecution can file an application for transfer under this section.
Q: What factors does the High Court consider while deciding on the transfer?
A: The High Court considers various factors, including:
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- The nature and gravity of the offense
- The possibility of prejudice or intimidation
- The convenience of witnesses and parties involved
- The availability of resources in the proposed court
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Q: Can the High Court refuse to transfer the case?
A: Yes, the High Court has the discretion to refuse the transfer application if it deems it not necessary or justified.
