Code:
(1) Any Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to any competent Magistrate subordinate to him.
(2) Any Magistrate of the first class empowered in this behalf by the Chief Judicial Magistrate may, after taking cognizance of an offence, make over the case for inquiry or trial to such other competent Magistrate as the Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.
STATE AMENDMENT
Assam
In Section 192 of the Code:–
(i) in sub-section (1), after the word Any the words District Magistrate shall be inserted;
(ii) sub-section (2) shall be substituted as follows:–
(2) Any Sub-divisional Magistrate or Magistrate of the first class empowered in this behalf by District Magistrate or Chief Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, make over the case for enquiry or trial to such other competent Magistrate as the District Magistrate or Chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the enquiry or trail.
[Vide Assam Act 3 of 1984, s. 3(3) and the Schedule.]
Manipur
In section 192 of the Code,–
(i) in sub-section (1), after the word “Any”, the words “District Magistrate or” shall be inserted;
(ii) for sub-section (2), the following sub-section shall be substituted namely:–
“(2) Any sub-Divisional Magistrate who is a Specified Executive Magistrate or any Magistrate of the first class empowered in this behalf by the District Magistrate or Chief Judicial Magistrate, as the case may be, may, after taking cognizance of an offence, make over the case for inquiry or trail to such other competent Magistrate as the District Magistrate or chief Judicial Magistrate may, by general or special order, specify, and thereupon such Magistrate may hold the inquiry or trial.”.
[Vide Manipur Act 3 of 1985, s. 4(2) and the Schedule]
Explanation:
This section empowers a High Court or a Sessions Judge to order the transfer of any case pending before a Magistrate to another Magistrate, either within the same jurisdiction or to a different jurisdiction. This power is exercised in specific circumstances to ensure fairness, efficiency, and justice in the judicial process.
The following are the key grounds on which transfer can be ordered:
- Personal bias or prejudice: If the Magistrate is suspected of having personal bias or prejudice against the accused or the prosecution, transfer can be ordered.
- Local influence: If the accused is influential in the locality where the Magistrate is sitting, the case can be transferred to another jurisdiction to avoid undue influence.
- Interests of justice: When the transfer is deemed necessary in the interests of justice, such as when the Magistrate is unable to handle the case due to workload or other reasons.
- Convenience of the parties: Transfer can be ordered to facilitate convenience for the parties involved, such as if a witness or the accused resides in a different jurisdiction.
Illustration:
Imagine a case where a high-profile businessman is accused of financial fraud in a particular district. Due to the businessman’s influence, there is a concern that the Magistrate in that district might be pressured to favor him. In such a scenario, the High Court or the Sessions Judge can order the transfer of the case to another district to ensure a fair trial.
Common Questions and Answers:
Q: Who can order the transfer of a case under Section 192?
A: A High Court or a Sessions Judge can order the transfer.
Q: What are the grounds for transfer under this section?
A: The grounds include personal bias, local influence, interests of justice, and convenience of parties.
Q: Can the accused or the prosecution apply for transfer?
A: Yes, either party can apply for transfer by making a petition to the High Court or Sessions Judge.
Q: Is the transfer automatic?
A: No, the Court will consider the application and decide whether to transfer the case or not.
