procedureEnglish origin

Transfer of Case

The movement of a pending case from one court to another for reasons of fair trial, convenience, or justice.

Full Definition

Transfer of a case moves it from one court to another � within the same state or across states. Grounds for transfer: risk of biased trial, inconvenience to parties, connected cases pending elsewhere, ends of justice. The Supreme Court can transfer any case from any High Court to any other High Court or Supreme Court under Article 139A and Section 406 CrPC.

In Indian Law

Section 406 CrPC (Section 447 BNSS): Supreme Court can transfer any criminal case from one state to another. Section 407 CrPC: High Court can transfer within state. In transfer petitions, the Supreme Court has transferred high-profile cases on grounds of fair trial concerns � e.g., rape of minor by influential persons transferred to Delhi courts.

Quick Facts

LetterT
Categoryprocedure
OriginEnglish