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BNSS · Section 446 · Chapter XXXIII — TRANSFER OF CRIMINAL CASES

Power of Supreme Court to transfer cases and appeals.

What this section does

The Supreme Court may, for the ends of justice, transfer any case or appeal from one High Court to another, or from a criminal court subordinate to one High Court to a court of equal or superior jurisdiction subordinate to another High Court. Such an application may be made only by the Attorney-General of India or a party interested, by motion supported by affidavit or affirmation (except when the applicant is the Attorney-General). If a frivolous or vexatious application is dismissed, the Supreme Court may order the applicant to pay compensation to the opposing party.

AI-generated plain-language summary. For the binding statutory text, see India Code (official).

Procedure at a glance

Key actors
Supreme Court · Attorney-General of India · Party interested · Advocate-General of the State
Time limit
None specified
Old-law correspondence

Derived from CrPC s.406.

Read the official text

For the binding statutory text of BNSS Section 446, refer to the Gazette of India or the India Code official website.

Why this matters

BNSS Section 446 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.