Transfer of Criminal Cases refers to the process of transferring a case pending before one court to another court within the same jurisdiction. This transfer may take place for a variety of reasons, including the convenience of the parties, the availability of the court, the necessity of conducting the trial in a fair and impartial manner, and other similar factors.
The power to transfer cases is vested in the High Court under Section 407 of the Code of Criminal Procedure, 1973. The High Court can transfer any case, either on its own motion or on an application by any party, from one court to another court of equal or superior jurisdiction within its territorial jurisdiction.
Common Reasons for Transferring a Criminal Case from One Court to Another Court are:
- Convenience of the parties: The High Court may transfer a criminal case from one court to another court for the convenience of the parties. For example, if the witnesses in a case are located in a particular place, the High Court may transfer the case to a court that is closer to their location.
- Fair trial: The High Court may transfer a criminal case from one court to another court to ensure a fair trial. For example, if a particular court is biased or prejudiced against the accused, the High Court may transfer the case to another court to ensure that the trial is conducted in a fair and impartial manner.
- Security concerns: The High Court may transfer a criminal case from one court to another court due to security concerns. For example, if the accused or the witnesses are under threat, the High Court may transfer the case to a court that has better security arrangements.
- Judicial efficiency: The High Court may transfer a criminal case from one court to another court to ensure judicial efficiency. For example, if a particular court is overburdened with cases, the High Court may transfer some of the cases to another court to ensure that the cases are disposed of in a timely manner.
- Public interest: The High Court may transfer a criminal case from one court to another court in the interest of public justice. For example, if a particular case has received a lot of media attention and is likely to impact public order, the High Court may transfer the case to another court to ensure that the trial is conducted in a fair and impartial manner.
