CrPC Section 185: Power to Order Cases for Trial in Different Sessions Divisions

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CrPC Section 185: Power to Order Cases for Trial in Different Sessions Divisions

1. State the Code:

Section 185 of the Code of Criminal Procedure, 1973 (CrPC) deals with the power of the High Court to order cases for trial in different Sessions Divisions.

2. Explain it:

This section empowers the High Court to order the trial of any case, triable by a Court of Session, to be held in any Sessions Division within the limits of its jurisdiction. This means that the High Court can, in its discretion, transfer a case from one Sessions Division to another, even if the offense occurred in a different Sessions Division.

The High Court can exercise this power if it deems it necessary for the following reasons:

  • To ensure a fair and impartial trial
  • To prevent the abuse of the process of the court
  • To facilitate the convenient and expeditious disposal of the case

3. Illustrate it:

Imagine a case where the accused is a prominent politician and the offense occurred in a small town. There is a strong likelihood of local bias in the Sessions Division where the offense occurred. In such a scenario, the High Court can, under Section 185, transfer the trial to a different Sessions Division, where the accused is less likely to influence the proceedings.

4. Common Questions and Answers:

  • Q: Who can exercise the power under Section 185?

    A: The High Court has the sole authority to order the transfer of cases under this section.
  • Q: What are the grounds for transferring a case under this section?

    A: The High Court can transfer a case for reasons of fairness, preventing abuse of the process, or to facilitate efficient disposal.
  • Q: Can a Sessions Judge transfer a case under this section?

    A: No. This power is exclusively vested in the High Court.
  • Q: What is the procedure for transferring a case under this section?

    A: The High Court can transfer a case suo motu or on an application filed by any party.
Also Read  Section 226 CrPC: Opening Case for Prosecution in India's Code of Criminal Procedure
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