Power of High Court to transfer cases and appeals.

What this section does

The High Court may transfer cases or appeals from subordinate criminal courts on grounds of inability to have a fair trial, unusual difficulty of law, general convenience of parties or witnesses, or the ends of justice; it may also commit a case for trial to a Court of Session or try the case itself. Applications must be by motion supported by affidavit (except by the Advocate-General), and the accused applicant must give the Public Prosecutor at least 24 hours' written notice before the hearing. The High Court may stay subordinate court proceedings pending disposal of the application, and may award compensation if the application is dismissed as frivolous or vexatious.

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

Procedure at a glance

Key actors

High Court · Sessions Judge · Accused · Public Prosecutor · Advocate-General of the State · Party interested

Time limit

Minimum 24 hours' notice to Public Prosecutor before hearing of transfer application by accused

Derived from CrPC s.407.