CrPC Section 407: High Court Power to Transfer Cases and Appeals

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CrPC Section 407: High Court Power to Transfer Cases and Appeals

Code: CrPC Section 407

Explanation:
This section empowers the High Court to transfer cases and appeals from one court to another within its jurisdiction. The High Court can exercise this power if it deems it necessary for the ends of justice or for the convenience of the parties. This section provides the High Court with the authority to ensure that cases are heard in the most appropriate and efficient manner.

Illustration:
Consider a case where a criminal case is pending in a lower court in a remote area, but all the witnesses and evidence are located in a different district. The High Court can use its power under Section 407 to transfer the case to a court in the district where the witnesses and evidence are located, ensuring a smoother and more efficient trial process.

Common Questions and Answers:

Q: What are the grounds for transferring a case under Section 407?
A: The High Court can transfer a case if it believes it’s necessary for the ends of justice or for the convenience of the parties. This can include situations where the original court is not competent to handle the case, or if there are concerns about bias or prejudice.

Q: Who can apply for a transfer under Section 407?
A: Any party to the case, including the accused, the prosecution, or even the court itself, can apply for a transfer under Section 407.

Q: What is the process for applying for a transfer under Section 407?
A: A formal application needs to be filed with the High Court, outlining the reasons for seeking the transfer. The application needs to be supported by evidence and legal arguments.

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Q: Can the High Court refuse a transfer application under Section 407?
A: Yes, the High Court has the discretion to refuse a transfer application if it is not satisfied with the reasons provided or if it believes that the transfer is not justified.

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