BBanaka

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Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).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.

Study: explanations and related material

Now BNSS 446 (corresponding section). CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03), p22

Official reference: Ministry of Home Affairs: historical CrPC reference — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-06-30.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately. Section 135 was restored and individually checked against the linked government PDF (pages 75–76) on 2026-10-02; this is not a verification of the whole collection. Schedules and forms are not consolidated here. Historical code retained for reference; read the repeal/savings provisions in the successor code.

This text is for reference, not legal advice. Consult the official source for the authoritative text.

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