Code: Section 447 BNSS
(1) Whenever it is made to appear to the High Court—
(a) that a fair and impartial inquiry or trial cannot be had in any Criminal Court
subordinate thereto; or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that an order under this section is required by any provision of this Sanhita,
or will tend to the general convenience of the parties or witnesses, or is expedient for
the ends of justice,
it may order—
(i) that any offence be inquired into or tried by any Court not qualified under
sections 197 to 205 (both inclusive), but in other respects competent to inquire into or
try such offence;
(ii) that any particular case or appeal, or class of cases or appeals, be transferred
from a Criminal Court subordinate to its authority to any other such Criminal Court of
equal or superior jurisdiction;
(iii) that any particular case be committed for trial to a Court of Session; or
(iv) that any particular case or appeal be transferred to and tried before itself.
(2) The High Court may act either on the report of the lower Court, or on the application
of a party interested, or on its own initiative:
Provided that no application shall lie to the High Court for transferring a case from
one Criminal Court to another Criminal Court in the same sessions division, unless an
application for such transfer has been made to the Sessions Judge and rejected by him.
(3) Every application for an order under sub-section (1) shall be made by motion,
which shall, except when the applicant is the Advocate-General of the State, be supported
by affidavit or affirmation.
(4) When such application is made by an accused person, the High Court may direct
him to execute a bond or bail bond for the payment of any compensation which the High
Court may award under sub-section (7).
(5) Every accused person making such application shall give to the Public Prosecutor
notice in writing of the application, together with a copy of the grounds on which it is made;
and no order shall be made on the merits of the application unless at least twenty-four hours
have elapsed between the giving of such notice and the hearing of the application.
Court, the High Court may, if it is satisfied that it is necessary so to do in the interest of
justice, order that, pending the disposal of the application the proceedings in the subordinate
Court shall be stayed, on such terms as the High Court may think fit to impose: Provided that such stay shall not affect the subordinate Court’s power of remand under section 346.
(7) Where an application for an order under sub-section (1) is dismissed, the High
Court may, if it is of opinion that the application was frivolous or vexatious, order the
applicant to pay by way of compensation to any person who has opposed the application
such sum as it may consider proper in the circumstances of the case.
(8) When the High Court orders under sub-section (1) that a case be transferred from
any Court for trial before itself, it shall observe in such trial the same procedure which that
Court would have observed if the case had not been so transferred.
(9) Nothing in this section shall be deemed to affect any order of the Government
under section 218.
Explanation of Section 447 BNSS
Section 447 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers High Courts to transfer cases and appeals between subordinate criminal courts when necessary to ensure fair trials and justice.
Key Provisions
1. When Can the High Court Transfer a Case?
The High Court may transfer a case when:
– A fair trial is not possible in a subordinate Criminal Court.
– The case involves complex legal questions.
– The transfer benefits parties or witnesses.
– Any provision of BNSS requires the transfer.
2. Types of Transfers Allowed
The High Court can:
🔹 Assign the case to another competent court.
🔹 Transfer cases/appeals between subordinate courts.
🔹 Commit a case to a Court of Session.
🔹 Take up the case for trial itself.
3. Who Can Request a Transfer?
🔸 The lower court (via a report).
🔸 An interested party (e.g., the accused or victim).
🔸 The High Court itself (suo motu).
4. Conditions for Transfer Applications
✔️ An application must be first made to the Sessions Judge for transfers within the same Sessions Division.
✔️ Must be supported by an affidavit, unless filed by the Advocate-General.
✔️ The accused must notify the Public Prosecutor at least 24 hours before the hearing.
5. Bond Requirement for Accused
- If an accused person applies for a transfer, the High Court may demand a bond or bail bond to cover potential compensation.
Illustrations of Section 447 BNSS
Example 1: Transfer for Fair Trial
A political leader is accused of corruption in a district court where local influence is suspected. The High Court transfers the case to another district court in a different jurisdiction for a fair trial.
Example 2: Transfer Due to Legal Complexity
A fraud case involves complicated tax laws. The High Court transfers it to a court with expertise in such matters.
Example 3: Sessions Court Referral
A case of murder and conspiracy is being tried in a Magistrate’s Court. The High Court commits the case to a Court of Session for trial.
Example 4: Suo Motu Transfer
The High Court notices that a district court is overburdened, leading to delayed trials. It suo motu transfers certain cases to another court.
Common Questions and Answers on Section 447 BNSS
1. Who can request a transfer under Section 447 BNSS?
– The Sessions Judge (for intra-division transfers).
– The High Court itself (suo motu).
– An accused person or victim (with an affidavit).
– The Advocate-General of the State.
2. Can the High Court transfer any case?
Yes, but only when necessary to:
- Ensure justice and fairness.
- Resolve complex legal issues.
- Follow BNSS provisions.
3. What happens if a Sessions Judge rejects a transfer request?
Only then can an applicant approach the High Court.
4. Can an accused request a transfer?
Yes, but they may need to:
- Provide a bond/bail bond.
- Notify the Public Prosecutor 24 hours before the hearing.
5. Can the High Court take over a case itself?
Yes, under Section 447(1)(iv), the High Court can transfer a case for direct trial before itself.
Conclusion
Section 447 BNSS empowers High Courts to transfer cases to ensure fair trials, convenience of parties, and proper administration of justice. The provision is crucial for maintaining impartiality and addressing legal complexities.
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