Transfer of Cases under CrPC

There are situations when transferring a case is required in order to guarantee a fair, honest, and impartial trial. An accused person should have the right to request that his case be moved to a different court if he reasonably believes that he won't receive a fair trial at the current court. Additionally, in order to address the issue of justice being delayed due to the backlog of open cases and appeals, measures have been taken to shift criminal cases from one court to another.

What does Transfer of Cases Exactly Define?

The nature of the trial or the relief that the parties to the suit are given are unaffected by the case transfer. Supreme Court, High Court, and Sessions Court are all granted the power to transfer a criminal matter from one court to another. To put it another way, a case may be transferred due to issues with jurisdiction or the composition of the court.

The court as a whole always upholds the principle that justice should be done fairly but also that it should be made obvious to everyone by the justices' actions. The judiciary is the most crucial institution for delivering justice, and it has long upheld a very stringent stance on the fairness of trial procedures. Both the civil and criminal codes of procedure provide sufficient justification for the transfer of cases between courts. Criminal Procedure Code of 1973, Section 406, defines the Supreme Court's authority to transfer cases and hear appeals. It may order the transfer of a specific case or appeal from one high court to another high court or from a criminal court.

Types of Transfer under CrPC

There are six types of transfer the cases under CrPC as given below:

• The Supreme Court's authority to move cases from one state to another

• A state's High Court has the authority to transfer matters from one court to another with equal or superior jurisdiction, or to itself.

• The authority of the Sessions Judge to move matters from one court in his Sessions Division to another court

• A Sessions Judge's authority to revoke cases from Additional Sessions Judges, Assistant Sessions Judges, or the Chief Judicial Magistrate

• Any magistrate under his command has the Chief Judicial Magistrate's authority to withdraw a case.

• The ability of executive magistrates, including district and sub-district magistrates, to dismiss case.

Transfer of Cases and Appeals by Supreme Court

According to section 406 of the Criminal Procedure Code, the Supreme Court has the authority to take on the cases. According to the clause, the Supreme Court has the authority to transfer cases, appeals, or both from one High Court to another High Court. When it is appropriate and necessary for justice, the Supreme Court may use this power.

The Attorney-General of India or a person with an interest must apply for the Supreme Court to take action, though (complainant, public prosecutor, accused, etc.).

Transfer of Cases and Appeals by High Court

The High Courts have the authority to transfer appeals and cases under Section 407 of the Code of Criminal Procedure.

• The cases may be transferred by the High Court if it determines that:

• If the case is heard by any of the courts below it, none of the parties to the suit may exercise their right to a fair and impartial trial, which is provided by Article 21 of the Indian Constitution;

• The court's current case raises some problems that are unusually tough;

• Any article of the Code renders the transfer of the appeal or case necessary;

• The transfer order will be determined by what is in the best interest of all parties or witnesses to the lawsuit.

Transfer of Cases and Appeals by Session Court

According to Section 408 of the Code, the Sessions judges are also given the authority to transfer cases and appeals.

• As stated in Section 408, subsection 1, anytime a Sessions Judge determines that transferring a matter is necessary to further the interests of justice. He has the power to move such matters within his sessions division from one criminal court to another criminal court;

• The circumstances under which the Sessions court may transfer cases are outlined in Subsection 2 of Section 408. According to the Section, the Sessions Court may exercise its authority to transfer cases when the lower court submits a report in this regard or when an application in this regard is made by a person with an interest.

Grounds for Transfer of the Cases

There are some grounds for transfer the cases-

• In order to achieve justice, It is one of the key justifications for case transfers because it is the court's responsibility to complete justice. Additionally, the verdict ought to convey a positive message to society.

• The superior judge's investigation report.

• Authority of the court.

• The dispute's subject matter falls within the court's narrow scope of jurisdiction.

• Conflict between the party and another judge.

• The judicial official is in some way a party to the dispute.

• A judicial officer could testify.

• When a court or other judicial authority acts against the fundamental principle of natural justice.

• Any conflict amongst the judges or any relationship between them.

Some Relevant Cases

Following are the major relevant cases −

Vishwanath Gupta vs State of UP

The applicant in this case requested the transfer of a case on the grounds that he was concerned that he wouldn't be able to hire a lawyer in the court where a case against him was already pending. However, the District Bar Association submitted an application guaranteeing the court that the applicant would have access to a defense attorney from among the Bar Association's members. The transfer request was denied by the Supreme Court, which declared the application to be illegal.

Kayshalya Devi vs. Mool Raj

The Supreme Court ruled that when a request to transfer a case is made, but the Magistrate handling the case opposes the request by filing an affidavit on his own behalf, the transfer of the case is unquestionably in the best interests of justice because in all such cases the requirements for a fair and impartial trial are already in jeopardy, which is indicated by the judge's own personal involvement.

Conclusion

A crucial aspect of Indian law is the transfer of cases from one court to another. All Indian courts have a responsibility to uphold justice and provide a fair trial. The nature of the matter may not change even though it is transferred from one court to another. Every member of society should receive a clear message about justice from the court, which always maintains an impartial viewpoint.

FAQs

Q1. What are the grounds for transfer of cases?

Ans. Following are some of the significant grounds of transfer of cases:

• Fair and impartial trial

• Difficulty in getting evidence

• Convenience of parties

• Pending related cases

• Local influence or prejudice

• The court's pecuniary jurisdiction

• The nature and gravity of the offence

Q2. Who has the right to transfer any case?

Ans. Usually, within the its jurisdiction, every court has the power to transfer the cases. At district level, sessions court has the power to transfer the case; at state level, High Court has the power to transfer any case to any court (in respective state) or to itself; and, at national level, the Supreme Court has the power to transfer any case from anywhere to anywhere or to itself.