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Section 406 CrPC / Section 446 BNSS (Transfer of Criminal Cases by SC)

Jurisdictional & Appellate Practice Terms

Definition

The statutory power vested in the Supreme Court to direct that any particular criminal case or appeal be transferred from one High Court to another High Court, or from one subordinate criminal court in one state to another criminal court in a different state, to ensure a fair and impartial trial.

Example

An accused demonstrates that the local political environment and continuous mob demonstrations outside the district court make an impartial trial impossible; the Supreme Court exercises powers under Section 406 to transfer the murder trial to an adjacent state.