CrPC Section 406: Power of Supreme Court to transfer cases and appeals
Code of Criminal Procedure, 1973 · Chapter 31: Transfer of criminal cases
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
406. Power of Supreme Court to transfer cases and appeals.- (1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a partly interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme 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 not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 407. Power of High Court to transfer cases and appeals
- 408. Power of Sessions Judge to transfer cases and appeals
- 409. Withdrawal of cases and appeals by Sessions Judges
- 410. Withdrawal of cases by Judicial Magistrates
- 411. Making over or withdrawal of cases by Executive Magistrates
- 412. Reasons to be recorded