CrPC Section 406: Supreme Court’s Power to Transfer Cases & Appeals

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CrPC Section 406: Supreme Court’s Power to Transfer Cases & Appeals

1. The Code

CrPC Section 406 grants the Supreme Court the power to transfer any case or appeal pending before a High Court or other subordinate court to itself or to any other High Court.

2. Explanation

This section is crucial for ensuring that justice is served fairly and efficiently. It allows the Supreme Court to intervene in cases where:

  • There is a real and substantial risk of a miscarriage of justice in the original court.
  • There is a possibility of undue influence or bias affecting the proceedings.
  • The transfer is deemed necessary for the ends of justice.

3. Illustration

Imagine a case involving a politically influential person accused of a serious crime. If there are concerns about the impartiality of the High Court in that jurisdiction, the Supreme Court can use Section 406 to transfer the case to another High Court where there is no such concern.

4. Common Questions and Answers

Q: What are the grounds for transfer under Section 406?

A: The Supreme Court has wide discretion in deciding whether to transfer a case. Some common grounds include:

  • The possibility of prejudice or bias in the original court.
  • The need to ensure uniformity in the administration of justice.
  • The availability of more experienced judges in another court.
  • The existence of a special law or expertise in another court.

Q: Can the Supreme Court transfer a case on its own motion?

A: Yes. The Supreme Court can transfer a case suo motu (on its own initiative) if it feels it is necessary for the ends of justice.

Also Read  Section 260 CrPC: Summary Trial Power in India's Code of Criminal Procedure

Q: How is the decision to transfer a case made?

A: The Supreme Court typically hears arguments from all parties involved before making a decision. It will consider all relevant factors, including the specific circumstances of the case and the potential impact of transfer.

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