CrPC Section 408: Transfer of Cases & Appeals – Power of Sessions Judge
This section of the Code of Criminal Procedure (CrPC) deals with the power of the Sessions Judge to transfer cases and appeals from one court to another.
1. State the Code
Section 408 of the CrPC states that a Sessions Judge can transfer any case or appeal pending before a Magistrate or any other court subordinate to the Sessions Judge to any other court subordinate to him.
2. Explain it
- The Sessions Judge can transfer cases and appeals within his jurisdiction.
- This power is exercised to ensure fair and impartial trials, to prevent delays, or to ensure the convenience of the parties involved.
- The transfer can be initiated by the Sessions Judge himself or on the application of any party involved in the case.
- The Sessions Judge must consider the merits of the case and the relevant factors before making a decision.
3. Illustrate it
Suppose a case is pending before a Magistrate in a remote area where the accused claims to have difficulty attending hearings due to a lack of transportation. The Sessions Judge, upon receiving an application from the accused, can transfer the case to a nearby court for the convenience of the parties involved.
4. Common Questions and Answers
Q: Can the Sessions Judge transfer a case to a court in another district?
A: No, the transfer must be within the jurisdiction of the Sessions Judge.
Q: Who can apply for a transfer of a case under Section 408?
A: Any party involved in the case, including the accused, the prosecution, or the victim, can apply for the transfer.
Q: What are the grounds for transferring a case under Section 408?
A: The grounds include ensuring a fair trial, preventing delays, and considering the convenience of the parties.
