Transfer of Criminal Cases

Subject : Polity

Concept :

The Supreme Court in a recent judgement held that criminal cases under trial should be transferred from one State to another only in “exceptional circumstances”.
The court opined that the power to transfer cases under Section 406 of the Code of Criminal Procedure (Cr.PC) should be used sparingly and only when justice was apparently in grave peril as the unnecessary shifting of cases would affect the morale of the State judiciary and prosecution agency.

Possible situations for transfer:

The judgement summarised a series of Supreme Court verdicts giving the possible situations in which an ongoing trial could be transferred.
These include instances in which,
the State or the prosecution collaborates closely with the accused;
when evidence suggests that the accused may sway the prosecution’s witnesses or hurt the complainant physically;
when the accused is likely to suffer comparable hardship;
when there is a communally tensed situation indicating some proof of inability of holding fair and impartial trial because of the accusations made and the nature of the crime committed by the accused;
existence of some material on interference with the course of justice by interested parties.
The convenience of parties and witnesses as well as the language spoken by them could also act as a relevant factor when deciding a transfer petition.

Section 406:

The transfer of a criminal case from one state to another in India can be done under Section 406A of the Code of Criminal Procedure (CrPC) by the Supreme Court of India.
This power is exercised by the Supreme Court in exceptional cases to ensure that the ends of justice are served.
In order to transfer a case from one state to another, an application needs to be filed in the Supreme Court of India, either by the accused or the prosecution or any other party to the case.
The application must provide reasons as to why the transfer is necessary, such as the convenience of the parties or the location of the witnesses.
The Supreme Court will consider various factors before granting the transfer of a case from one state to another, including the nature of the offence, the stage of the trial, the availability of evidence, the convenience of the parties, and the interests of justice.
The Supreme Court may also impose conditions or give directions to ensure that the transfer of the case does not cause undue delay or inconvenience to the parties involved.