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Section 406 — Power to Supreme Court to transfer cases and appeals
406
406
Power to Supreme Court to transfer cases and appeals
Code of Criminal Procedure, 1973
Chapter XXXI Transfer of Criminal Cases
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Reviewed by Advocate Aditi Babbar, Seasoned Advocate · Practicing since 31 years
📅 Updated 2026-04-10📚 Source: The Gazette of India
Court ProcedureTransfer Of CasesSupreme CourtFair Trial
🗣️ Simple Explanation
What does this law say? Section 406 of the CrPC lets the Supreme Court move a case or appeal from one High Court to another. This is done to ensure justice. The Supreme Court can also move cases between criminal courts that are under different High Courts.
Why does this law exist? This law ensures fairness in legal proceedings. It helps when a fair trial is not possible in a specific court. It also helps to make sure justice is served.
Real-life impact Imagine a case where the local court is biased. This law allows the Supreme Court to move the case to a fair court. This protects the rights of the people involved. It ensures a fair hearing.
What happens if you break this law? This section itself doesn't define a crime. It deals with the transfer of cases. There is no punishment for breaking this section.
💡 Real Life Example

Rahul is involved in a property dispute in Delhi. He believes the local court is biased. He can ask the Supreme Court to move the case to a different High Court. This ensures a fair trial. The Supreme Court will decide if a transfer is needed.

Priya's appeal is in a High Court. She thinks the judges are influenced. She can request the Supreme Court to move her appeal to another High Court. This ensures a fair judgment. The Supreme Court will consider her request.

🛡️ KNOW YOUR RIGHTS
  • •Apply to the Supreme Court for case transfer if you believe a fair trial is impossible.
  • •Seek legal advice from a lawyer to understand your rights.
  • •Prepare an affidavit to support your application for case transfer.
  • •Understand that the Supreme Court can order compensation if your application is frivolous.
❓ FREQUENTLY ASKED QUESTIONS
Section 406 of the CrPC gives the Supreme Court the power to transfer cases and appeals. This means the Supreme Court can move a case from one High Court to another. It ensures a fair trial. This is done when justice demands it. The Supreme Court acts on applications from parties or the Attorney-General.
If the Supreme Court dismisses the application, it may order the applicant to pay compensation. This happens if the court thinks the application was silly or meant to harass someone. The compensation can be up to one thousand rupees. This is to discourage people from filing unnecessary applications.
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, Seasoned Advocate, with 31 years of legal practice

📚 Act Reference: Code of Criminal Procedure, 1973

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

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