Criminal Procedure Code · Updated to 1 May 2023 · Chapter XLII · Transfer of Criminal Cases
417. High Court’s power to transfer cases
Feedback & supportWhenever it is made to appear to the High Court—
Court
“Court” means the High Court, a Sessions Court, or a Magistrate’s Court of any class, as the context may require;
that a fair and impartial trial cannot be had in any criminal
Court subordinate to it;
that some question of law of unusual difficulty is likely to arise;
that a view of the place in or near which any offence has been committed may be required for the satisfactory trial of the same;
that an order under this section will tend to the general convenience of the parties or witnesses; or
that such an order is expedient for the ends of justice, or is required by any provision of this Code, it may order—
that any offence be tried by any Court not empowered under sections 121 to 126 but in other respects competent to try such offence;
that any particular case or class of cases be transferred from a criminal Court subordinate to it to any other such criminal Court of equal or superior jurisdiction; or
that any particular criminal case be transferred to and tried before the High Court.
(Deleted by Act A908).
(Deleted by Act A908).
Criminal Procedure Code 227
The High Court may make an order under subsection (1) either on the report of the lower Court, or on the application of the Public Prosecutor or the accused person, or on its own initiative.
When an order is made under paragraph (1)(cc) the lower
Court before which the trial of the offence against the accused person is pending shall cause the accused person to appear or be brought before the
offence
“offence” means any act or omission made punishable by any law for the time being in force;
High Court on the date specified in the said order or as soon as may be practicable if no such date is specified.
When the accused person appears or is brought before the High Court in accordance with paragraph (a), it shall fix a date for his trial which shall be held in accordance with the procedure under Chapter XX.
The Court to which a case is transferred under this section may act on the evidence already recorded in a trial or partly so recorded and partly recorded by itself, or it may resummon the witnesses and recommence the trial:
Provided that in any case so transferred the Public Prosecutor or the accused person may, when the Court to which the case is transferred commences its proceedings, apply that the witnesses or any of them be resummoned and reheard.