State the powers of the courts with regard to the transfer of criminal cases and appeals.

Question: State the powers of the courts with regard to the transfer of criminal cases and appeals.

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Answer

Transfer of cases does not change the nature of the trial. It ensures that the parties are assured with the justice. The Chapter XXXI of CrPC refers to five classes of transfer of criminal cases:

• section 406 deals with the powers of the Supreme Court to transfer cases or appeals from one State to another at the instance of the Attorney General of India or a party interested;
• section 407 covers any inquiry or trial of a case or appeal or class of cases or appeals of which transfer may be made by the High Court from one Court to another Court of equal or superior jurisdiction, including the High Court itself;
• sections 408 and 409 permits a Sessions Judge to transfer cases or appeals from one Criminal Court to another in his sessions division and also recall any case or appeal made over by him to an Additional Sessions Judge, Assistant Sessions Judge or Chief Judicial Magistrate (CJM);
• Section 410 allows (a) a CJM to withdraw or recall a case from any Magistrate subordinate to him and (b) allows any Judicial Magistrate to recall a case made over by him to any other Magistrate under section 192(2) of the Code, and last,
• Section 411 empowers a District or Sub-Divisional Magistrate to transfer or withdraw any case from a Magistrate subordinate to him and either try the same himself or refer it for disposal to any other Magistrate.

The power to withdraw a pending case from one Court to the High Court if it involves the question of interpretation of the Constitution vests in the High Court by virtue of Article 228 of the Constitution of India. The Code also contains other provisions dealing with the transfer of cases, e.g., sections 185, 191, 192, 322, 352, and 479.

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