CrPC Section 191: Transfer of Criminal Case on Accused’s Application

1. Code:

Section 191 of the Code of Criminal Procedure, 1973 (CrPC) deals with the transfer of a criminal case on the application of the accused.

2. Explanation:

This section empowers a High Court to transfer a criminal case pending before a subordinate court to another subordinate court within the same state, or from one state to another, if the accused believes that they cannot receive a fair trial in the original court due to:

• Local prejudice against the accused: This refers to situations where the accused fears that the local population or the court’s environment harbors prejudice against them, potentially affecting the fairness of the trial.
• Personal bias of the presiding officer: This refers to instances where the accused believes that the judge or magistrate presiding over the case is biased against them, potentially hindering the possibility of a fair hearing.
• The convenience of the witnesses and the accused: If the accused and their witnesses reside far from the original court, transferring the case to a more convenient location could facilitate their participation and reduce inconvenience.
• Other sufficient reasons: This clause allows the High Court to consider other relevant factors that might warrant a transfer, even if they are not explicitly mentioned in the previous clauses.

3. Illustration:

Imagine a situation where a prominent politician is facing charges in a small town where there is a strong public opinion against him. He believes that he cannot get a fair trial there due to local prejudice. He can file an application in the High Court under Section 191 seeking the transfer of the case to a different city or state. The High Court, after examining the application and considering relevant factors, can order the transfer of the case if it deems it necessary for ensuring a fair trial.

4. Common Questions and Answers:

• Q: Who can file an application under Section 191?

  A: Only the accused person can file an application under Section 191.

• Q: What are the grounds for transferring a case under Section 191?

  A: The grounds are outlined in the section itself, including local prejudice, personal bias, convenience of witnesses, and other sufficient reasons.

• Q: What are the factors considered by the High Court while deciding on a transfer application?

  A: The High Court considers the merits of the application, the nature of the charges, the potential for prejudice, the convenience of witnesses, and other relevant factors.

• Q: Can the prosecution oppose a transfer application?

  A: Yes, the prosecution can oppose the transfer application and present their arguments against it.