Code of Criminal Procedure, 1973 · Chapter XXXI: Transfer of Criminal Cases
Section 406: Power of Supreme Court to transfer cases and appeals
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
If expedient for the ends of justice, the Supreme Court can transfer a case or appeal from one High Court to another, or between criminal courts under different High Courts. It acts only on the application of the Attorney-General or an interested party, by motion supported by affidavit (except for the Attorney-General or Advocate-General).
- If the application is frivolous or vexatious, the applicant can be ordered to pay up to one thousand rupees compensation to anyone who opposed it.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official text
(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular
case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court.
(2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation.
(3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum not exceeding one thousand rupees as it may consider appropriate in the circumstances of the case.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 406
-
M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd.
Issue arose whether a complaint filed u/s.138 of the Negotiable Instruments Act, can be ordered to be transferred from one court to the other having territorial jurisdiction to try the offence in exercise of powers…
- Harjeet Singh Mendiratta v. State NCT of Delhi and Anr
-
Bilkis Yakub Rasool v. Union of India & Others
Writ petition filed u/Art. 32 by one of the victims challenging the order of State of Gujarat granting remission and early release of 11 convicts held guilty in Bilkis Bano matter, if maintainable; writ petitions filed…
- Smt. Sonia Singh v. Sh. Harpal Singh
- Anjuli v. Vinod Kumar Handa
- Afjal Ali Sha @ Abjal Shaukat Sha v. State of West
- Shah Newaz Khan v. State of Nagaland
- Yogesh Upadhyay and Anr. v. Atlanta Limited
- Sunil Saini & Ors. v. The State of Haryana & Ors.
- Suneetha Narreddy & Another v. The Central Bureau of Investigation and Others
- Mla From Mau District, UP v. Jail Superintendent (Ropar) & Ors.
- Swaati Nirkhi & Ors. v. State (Nct of Delhi) & Ors.
- Rajendra Khare v. Swaati Nirkhi and Ors.
- Venkatesan Balasubramaniyan v. The Intelligence Officer, D.R.I. Bangalore
- Rajasthan State Road Transport Corporation and Others v. Goverdhan Lal Soni and Anr.
- Sarika v. Administrator, Mahakaleshwar Mandir Committee, Ujjain (M.P.) & Ors.
- Rana Nahid @ Reshma @ Sana & Anr. v. Sahidul Haq Chisti
- Anand Kumar Mohatta and Anr. v. State (Govt. of NCT of Delhi) Department of Home and Anr.
- State (Through) Central Bureau of Investigation v. Shri Kalyan Singh (Former Cm of Up) & Ors.
- State of Haryana v. Ram Mehar & Others Etc. Etc.
- Anita Kushwaha v. Pushap Sudan
- Anant Prakash Sinha @ Anant Sinha v. State of Haryana & Anr.
- Usmanganjadambhaivahora v. State of Gujarat & Anr.
- K. Anbazhagan v. State of Karnatakaand Others
- Sree Mahesh Stationaries & Anr. v. Indiabulls Financial Services. Ltd.
- M/S Apex Distributors & Anr. v. M/S Timex Group India Ltd.
- Central Bureau of Investigation v. Amitbhai Anil Chandra Shah and Another
- Mrudul M. Damle & Anr. v. C.B.I. New Delhi
- Rajesh Talwar v. C.B.I. & Ors.
- Jahid Shaikh & Ors. v. State of Gujarat & Anr.
- Vikas Kumar Roorkewal v. State of Uttarakhand and Ors,
- Nahar Singh Yadav & Anr. v. Union of India & Ors.
- Bhiaru Ram and Ors. v. Central Bureau of Investigation and Ors.
- Central Bureau of Investigation v. Hopeson Ningshen & Ors.
- Shree Baidyanath Ayurved Bhawan Pvt. Ltd. v. State of Punjab & Ors.
- Monica v. Satish Sharma & Anr.
- Capt. Amarinder Singh v. Prakash Singh Badal & Ors.
- Durgesh Sharma v. Jayshree
- Jayendra Saraswati Swamigal @ Subramaniam v. State of Tamil Nadu
- Smt. Parminder Kaur v. State of U.P. and Anr.
- Jayendra Saraswathy Swamigal, Tamil Nadu v. State of Tamil Nadu and Ors.
- Zahira Habibullah Sheikh and Anr. Etc. v. State of Gujarat and Ors. Etc.
- K.Anbazhagan v. Superintendent of Police, Chennai and Ors.
- K. Anbazhagan v. The Superintendent of Police and Ors. Etc.
- Abdul Nazar Madani Etc v. State of Tamil Nadu and Anr.
- State of Himachal Pradesh v. Tara Dutt and Anr.
- Kartar Singh v. State of Punjab
- State (Delhi Admn.) v. Jagjit Singh
- A.R. Antulay v. R.S. Nayak & Anr.
- Indian Overseas Bank, Madras v. Chemical Construction Company & Ors
- Maneka Sanjay Gandhi and Anr. v. Rani Jethmalani
- Ram Chander Singh Sagar and Anr. v. State of Tamil Nadu and Anr.