Section 105J CrPC: Transfers Deemed Null and Void
This section deals with the nullification of transfers of cases under the Code of Criminal Procedure (CrPC) in certain situations.
1. State the code
Section 105J CrPC states that any transfer of a case made in violation of the provisions of this Chapter shall be deemed to be null and void.
2. Explain it
This section essentially ensures that any transfer of a case that does not adhere to the procedures and requirements outlined in Chapter XIV of the CrPC, which deals with transfers of cases, is considered invalid.
The purpose of this provision is to maintain the integrity of the judicial process and prevent misuse of the transfer mechanism.
3. Illustrate it
Let’s consider an example:
If a case is transferred from one court to another without following the proper procedures outlined in the CrPC, such as without providing the accused with an opportunity to be heard, the transfer would be deemed null and void under Section 105J.
4. Common Questions and Answers
- Q: What are the grounds for transfer under Chapter XIV of CrPC?A: Chapter XIV of CrPC provides various grounds for transferring cases, such as:
- When a fair and impartial trial cannot be held in the original court.
- When there are strong reasons to believe that the accused will be prejudiced in the original court.
- For the convenience of the parties or witnesses.
- Q: Can a transfer be challenged if it is made in violation of Section 105J?A: Yes, any party aggrieved by a transfer made in violation of Section 105J can challenge the transfer in a higher court.
