BNSS Section 448 — Power of Sessions Judge to transfer cases and appeals

CHAPTER XXXIII TRANSFER OF CRIMINAL CASES

Criminal

Summary

A Sessions Judge can transfer a criminal case from one court to another within the same sessions division if it is necessary for fair justice. The Judge can do this based on a report from a lower court, a request from a party involved, or on their own decision. The rules for applying to the Sessions Judge for such a transfer are the same as those for applying to the High Court, except that any fine the Sessions Judge may impose for a false or frivolous application cannot exceed ten thousand rupees.

Official Text

(1) Whenever it is made to appear to a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.

(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on his own initiative.

(3) The provisions of sub-sections (3), (4), (5), (6),

(7) and

(9) of section 447 shall apply in relation to an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7) of that section shall so apply as if for the word “sum” occurring therein, the words “sum not exceeding ten thousand rupees” were substituted.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — 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 §408 — Power of Sessions Judge to transfer cases and appeals