CrPC Section 186: High Court Jurisdiction to Decide Inquiry/Trial Location

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CrPC Section 186: High Court Jurisdiction to Decide Inquiry/Trial Location

This section deals with the High Court’s power to determine the place where an inquiry or trial should be held in certain circumstances.

1. The Code:

Section 186 of the Code of Criminal Procedure, 1973

2. 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.

3. 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.

4. 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:

    • 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
  • 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.
Also Read  SECTION 20 - Bharatiya Nagarik Suraksha Sanhita(BNSS) - Directorate Of Prosecution
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