TRANSFER PETITION (CRIMINAL)
Meaning
A Transfer Petition (Criminal) is filed before the Supreme Court under Section 406 of the Code of Criminal Procedure, 1973 (CrPC), seeking the transfer of a criminal case, appeal, or proceeding from one High Court or criminal court in one state to another to ensure a fair trial and justice.
Legal Basis
- Section 406, CrPC:
The Supreme Court may transfer any criminal case or appeal from one High Court to another, or from a criminal court subordinate to one High Court to another criminal court subordinate to a different High Court, if it is expedient for the ends of justice. - Only the Supreme Court of India has this power — not High Courts.
When It Can Be Filed
A Transfer Petition (Criminal) may be filed when:
- There is a reasonable apprehension of not getting a fair trial in the current court.
- There are threats, influence, or pressure affecting impartiality.
- Convenience or safety of the parties or witnesses requires transfer.
- The case involves inter-state jurisdiction or bias in local investigation/trial.
Common examples:
- Criminal complaints filed in different states.
- Matrimonial or dowry-related criminal cases (e.g., under Sections 498A, 406 IPC).
- Cases where one party faces local hostility or influence.
Jurisdiction
- Supreme Court: For transfer of cases between different states or High Courts (Section 406 CrPC).
- High Court: For transfers within the same state (Section 407 CrPC).
Time Limit
There is no fixed limitation, but the petition should be filed promptly after the cause for transfer arises.
It can be customized for 498A, bail, or trial transfer cases as per your use.
