Criminal cases can be transferred from one court to another only on the discretion of District & Sessions Judge. The same powers can be delegated to Additional Session judges as well who can entertain applications for transferring of a criminal case on one or the other ground.
Know the provisions in law for a transfer of a Criminal case
Chapter 31 – Transfer Of Criminal Cases
Section 406 – Power of Supreme Court to transfer cases and appeals
Section 407 – Power of High Court to transfer cases and appeals
Section 408 – Power of Sessions Judge to transfer cases and appeals
Section 409 – Withdrawal of cases and appeals by Sessions Judges
Section 410 – Withdrawal of cases by Judicial Magistrates
Section 411 – Making over or withdrawal of cases by Executive Magistrates
Section 412 – Reasons to be recorded
The transfer of a Quran Sacrilege case from Dhuri to Sangrur is a classic example of this situation as accused was anticipating threat if the matter is heard in Dhuri.
You need to have a solid reason for transfer of a case else its not happening.
Some of the reasons can be :
1 Death threat of individual in particular region.
2 Judge has a personal interest or linked to complainant.
3 Biasedness or prejudice of court is so evident that justice can’t be done.
4 Similar matters pending before some other judge. Clubbing of cases is pretty much possible.
5 Other exceptional and grave circumstances where conducting a fair probe is impossible.
For transfer of cases within same district apply to the Sessions & District Court.
For transfer of cases within a State from one district to another, apply to High Court.
For e.g. transfer of criminal cases from any district of Punjab and Haryana to another, transfer application lies to High Court at Chandigarh.
For any subject specific info, please dial 7888-356908.