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

Summary

The Supreme Court can transfer a criminal case or appeal from one High Court to another, or from a criminal court under one High Court to a criminal court of equal or higher rank under another High Court, if it believes this is necessary for the ends of justice. The Supreme Court can only do this when asked by the Attorney-General of India or by a person directly involved in the case. The request must be made through a formal motion, and unless the request comes from the Attorney-General or an Advocate-General of a State, it must be supported by an affidavit or sworn statement. If the Supreme Court dismisses such a request and finds it was frivolous or made to cause trouble, it may order the person who made the request to pay compensation to anyone who opposed it.

Official 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.

Related Judgments

• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §406 — Power of Supreme Court to transfer cases and appeals