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Thursday, 12 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XXXIII: Transfer Of Criminal Cases

Section 446 BNSS: Power of Supreme Court to transfer cases and appeals

Corresponding CrPC
Section 406 CrPC

Bare Act text

(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 party 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 as it may consider appropriate in the circumstances of the case.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Where it is shown that an order under the section is expedient for the ends of justice, the Supreme Court may direct that a particular case or appeal be transferred from one High Court to another, or from a Criminal Court under one High Court to another Criminal Court of equal or superior jurisdiction under another High Court. The section describes who may apply and the procedure.

Chapter XXXIII: Transfer Of Criminal Cases

  1. 446 Power of Supreme Court to transfer cases and appeals
  2. 447 Power of High Court to transfer cases and appeals
  3. 448 Power of Sessions Judge to transfer cases and appeals
  4. 449 Withdrawal of cases and appeals by Sessions Judges
  5. 450 Withdrawal of cases by Judicial Magistrates
  6. 451 Making over or withdrawal of cases by Executive Magistrates
  7. 452 Reasons to be recorded