Transfer of case does not make any change in the nature of trail or relief which
provides the parties to the suit. The authority of transferring of a criminal case
from one court to another court is conferred upon supreme court, high court and
session court. In another word Transfer of a case arise on the ground of its
jurisdiction or its end of justices.
All the court always maintain a fair view that it should not only do fair justices
but the justices should be show in such a manner that gives a clear message should
be made to be everyone. The judiciary is the most important body to deliver
justices and has always maintain a very strict view regarding fairness in trail
procedure. The code of criminal procedure and code of civil procedure have
enough reasonable ground to transfer case from one court to another court.
Section 406 of criminal procedure code 1973 define the power of supreme court
to transfer the cases and appeal. It may direct any particular case or appeal be
transfers from one high court to another high court or from a criminal court
subordinate to one higher court to another criminal court of equal or superior
jurisdiction sub ordinance to another high court.
Under Section 407 of the criminal procedure code 1973 define the power of the
high court to transfer a case or appeal, from one court to its subordinance to
another court of its subordinance or the high court may try the case by itself. The
high court after receiving an application from the applicant the court may even if
required to conduct an enquiry and after that court decide whether such transfer
is interest to justice or it is field an interest to justice. And if the court found any
mistake or any false in the application then the court would dismiss the
application to transfer of case.
Section 408 of the criminal procedure code 1973 define the power of the session
judge to transfer the cases and appeal, from subordinance to high court. The
power vested to transfer one court from another court under the jurisdiction of the
session division this power is made by the court for better delivery of justice and
settle the sentiment of the victim.
The grounds on which the cases can be transferThe following are the important grounds for the transfer of the cases:
- For the end of justice
It is one of the important grounds of transfer of cases, it is the duty of the court to
meet up the end of justice. And the judgement should send a good message for
- The inquiry report of the superior judicial officer
- Jurisdiction of the court
The court have a limited jurisdiction over the subject matter of the dispute
- Clash between the party and other judicial officer
- The judicial officer being engaged in the litigation by some or other
- Judicial officer may be as a witness
- When the court or any judicial authority is working in contravention to
the principal of natural justices
- Any mutual disturbance or any mutual relationship between the
One of the important case laws:
Vishwanath Gupta v. State of Uttar Pradesh In this case the applicant filed an application for the transfer of a case on the
contention that he was under the apprehension that he wouldn’t be able to engage
a counsel in the court where a case against him was already pending in the case.
However, the District Bar Association submitted an application assuring the
court that a defence counsel from among the members of the Bar Association
would be made available to the applicant. The Supreme Court held the
application to be invalid dismissing the prayer for the transfer.
Kaushalya Devi v. Mool Raj the Supreme Court held that in cases where the application of transfer of the case
is made but the Magistrate dealing with the case opposes the application by
himself filing an affidavit then the transfer of the case, without any doubt in the
complete interest of justice because in all such cases the essentials of fair and
impartial trial are already put to peril which is signified by the personal
involvement of the judge himself.2
The transfer of case from one court to another court is very important part in the
Indian law. It the duty of all court in India to ensure a fair trial and render justice.
While transferring the case from one court to another court the nature of the case
may not change. The court always maintain a fair view and the justice should be
given a clear message to everyone in the society.
Written By: Nirmal S Mohan
- Vishwanath Gupta.v. state of Uttar Pradesh
- Kaushalya Devi vs Shri Mool, Raj And Others on 4 September, 1963