TRANSFER OF CRIMINAL CASES
CHAPTER XXXIII
446. Power of Supreme Court to transfer cases and appeals
447. Power of High Court to transfer cases and appeals
448. Power of Sessions Judge to transfer cases and appeals
449. Withdrawal of cases and appeals by Sessions Judges
450. Withdrawal of cases by Judicial Magistrates
451. Making over or withdrawal of cases by Executive Magistrates
452. Reasons to be recorded
CONTENTS
Based on Chapter XXXIII (Transfer of Criminal Cases) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 preliminary examination questions covering Sections 446 to 452 with Answers.
Chapter XXXIII: Transfer of Criminal Cases
Q1. Under Section 446, the Supreme Court may direct the transfer of a case or appeal if it is satisfied that such an order is:
A) Requested by the State Government
B) Necessary for political stability
C) Expedient for the ends of justice
D) Approved by the High Court
Q2. Section 446 empowers the Supreme Court to transfer a case from a Criminal Court subordinate to one High Court to:
A) Any Civil Court in India
B) Another Criminal Court of equal or superior jurisdiction subordinate to another High Court
C) The Supreme Court itself for final disposal
D) An Executive Magistrate in a different State
Q3. Which authority is empowered to transfer cases and appeals under Section 447 of the BNSS?
A) Supreme Court
B) High Court
C) Sessions Judge
D) District Magistrate
Q4. A High Court may order a transfer under Section 447 if it appears that:
A) A fair and impartial inquiry or trial cannot be had in any subordinate Criminal Court
B) The presiding Magistrate is on sanctioned leave
C) The case involves a minor fine
D) The accused has requested a change of venue without grounds
Q5. If "some question of law of unusual difficulty" is likely to arise, which section allows the High Court to transfer the case?
A) Section 446
B) Section 447
C) Section 448
D) Section 452
Q6. When the High Court withdraws a case for trial before itself under Section 447, it shall:
A) Follow the procedure for summary trials
B) Observe the same procedure as a Court of Session would observe
C) Create a new procedure for that specific case
D) Refer the evidence back to the original Magistrate for judgment
Q7. Under Section 448, a Sessions Judge may transfer a case from one Criminal Court to another Criminal Court in his sessions division if it is:
A) Recommended by the Police
B) Expedient for the ends of justice
C) Mandatory under a State Government notification
D) Requested by the High Court registrar
Q8. A Sessions Judge may withdraw any case or appeal from a subordinate Chief Judicial Magistrate under:
A) Section 447
B) Section 448
C) Section 449
D) Section 451
Q9. A Sessions Judge may recall a case made over to an Additional Sessions Judge:
A) At any stage before the final judgment
B) After the prosecution evidence is closed
C) At any time before the trial of the case or the hearing of the appeal has commenced
D) Only if the Additional Sessions Judge is transferred
Q10. Who is specifically empowered under Section 450 to withdraw a case from a subordinate Magistrate?
A) District Magistrate
B) Sessions Judge
C) Chief Judicial Magistrate
D) High Court
Q11. Under Section 450(2), a Judicial Magistrate may recall any case made over by him under which section?
A) Section 173
B) Section 193
C) Section 212(2)
D) Section 232
Q12. According to Section 451, which Executive Magistrate may make over a proceeding to a subordinate Magistrate?
A) District Magistrate
B) Sub-Divisional Magistrate
C) Both A and B
D) Only a Special Executive Magistrate
Q13. If a District Magistrate withdraws a case under Section 451, he may:
A) Dispose of such proceeding himself
B) Refer it for disposal to any other Magistrate
C) Both A and B
D) Only send it to the Sessions Court
Q14. Section 452 mandates the recording of reasons for orders made under which sections?
A) Sections 436 to 445
B) Sections 446 and 447
C) Sections 448, 449, 450, and 451
D) Only Section 446
Q15. (Situation) A trial in a sessions division is facing extreme local bias. Which section should be invoked for a transfer to a different Court within the same division?
A) Section 446
B) Section 447
C) Section 448
D) Section 450
Q16. (Case Law) If a case is transferred from one State to another by the Supreme Court, which State has the right to appoint the Public Prosecutor?
A) The transferor State
B) The transferee State [726, Notes on S. 446]
C) The Central Government
D) The Supreme Court directly
Q17. (Case Law) According to the case law an apprehension of not getting a fair and impartial inquiry must be:
A) Reasonable and not based upon conjectures and surmises [727, Notes on S. 447]
B) Expressed by the majority of the local community
C) Confirmed by a police intelligence report
D) Based on the personal likes of the accused
Q18. Does the Supreme Court have the power to transfer an "investigation" under Section 446?
A) Yes, if requested by the Central Government
B) No, it can only transfer cases and appeals [728, Notes on S. 446]
C) Yes, in all cognizable offences
D) Only if the investigation is conducted by the CBI
Q19. Under Section 449(3), if a Sessions Judge withdraws or recalls a case, he may:
A) Try the case in his own Court
B) Make it over to another Court for trial
C) Both A and B
D) Only stay the proceedings indefinitely
Q20. The power of a Sessions Judge to transfer cases under Section 448 should be exercised:
A) As a matter of routine
B) Whenever a party makes a simple request
C) Cautiously and in exceptional situations where it is necessary to provide credibility to the trial [729, Notes on S. 448]
D) Only upon the advice of the District Magistrate
Q21. If a Chief Judicial Magistrate withdraws a case under Section 450, he may:
A) Inquire into or try such case himself
B) Refer it for inquiry or trial to any other competent Magistrate subordinate to him
C) Both A and B
D) Only refer it to the High Court
Q22. An order of transfer by a Sessions Judge under Section 448 can be made:
A) Suo motu
B) On an application by a party
C) On a report from a subordinate Magistrate
D) Any of the above, provided reasons are recorded
Q23. Which section of the BNSS corresponds to the Supreme Court's power to transfer cases found in Section 406 of the old CrPC?
A) Section 445
B) Section 446 [726 heading]
C) Section 447
D) Section 448
Q24. A High Court can transfer a case to:
A) Itself for trial
B) A subordinate Criminal Court of equal or superior jurisdiction
C) A Court of Session by committing it for trial
D) All of the above
Q25. (Situation) A complex question of law arises in a Magistrate's Court. The High Court decides to withdraw the case and try it itself. This is done under:
A) Section 436
B) Section 447
C) Section 450
D) Section 528
Q26. (Case Law) When a trial is transferred to another State, the transferee State effectively becomes the:
A) Supervising State
B) Prosecuting State [726, Notes on S. 446]
C) Default State
D) Neutral State
Q27. The power of withdrawal of cases by Judicial Magistrates under Section 450 is primarily vested in the:
A) Sessions Judge
B) Chief Judicial Magistrate
C) District Magistrate
D) High Court
Q28. Under Section 451, a Sub-Divisional Magistrate can withdraw:
A) Any case or proceeding which he has made over to a subordinate Magistrate
B) Any case pending in the High Court
C) Appeals from the Sessions Judge
D) Only cases involving public property
Q29. The requirement to record reasons under Section 452 does NOT explicitly mention orders made by:
A) Sessions Judges
B) Chief Judicial Magistrates
C) The Supreme Court
D) District Magistrates
Q30. Which chapter of the BNSS is titled "Transfer of Criminal Cases"?
A) Chapter XXX
B) Chapter XXXII
C) Chapter XXXIII [57 heading]
D) Chapter XXXIV
Answer Key
1. C
2. B
3. B
4. A
5. B
6. B
7. B
8. C
9. C
10. C
11. C
12. C
13. C
14. C
15. C
16. B
17. A
18. B
19. C
20. C
21. C
22. D
23. B
24. D
25. B
26. B
27. B
28. A
29. C
30. C
Based on Chapter XXXIII (Transfer of Criminal Cases) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 10 statement and situation-based preliminary examination questions.
Chapter XXXIII Practice Questions With Answers
Q1. Consider the following statements regarding the Supreme Court's power to transfer cases:
Statement I: The Supreme Court may transfer a case or appeal from a Criminal Court subordinate to one High Court to a Criminal Court subordinate to another High Court.
Statement II: The Supreme Court also possesses the statutory power under this chapter to transfer an investigation from a police station in one State to a police station in another State.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q2. Situation: A Sessions Judge makes over a criminal appeal to an Additional Sessions Judge within his division. He later decides to recall that appeal to hear it himself. According to the Sanhita, he can do this:
A) At any stage before the final judgment is pronounced.
B) Only if the Additional Sessions Judge submits a written request.
C) At any time before the hearing of the appeal has commenced before the Additional Sessions Judge.
D) Only after obtaining the prior permission of the High Court.
Q3. Regarding the High Court’s power to transfer cases under the BNSS:
Statement I: The High Court may transfer a case if it appears that a question of law of unusual difficulty is likely to arise.
Statement II: When the High Court withdraws a case for trial before itself, it must follow the same procedure as a Court of Session would observe.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q4. Situation: A trial in a specific district is plagued by an atmosphere of local bias that makes a fair trial in that particular Court impossible. If an application is made to transfer the case to another Criminal Court within the same sessions division, which authority is primarily empowered to act?
A) The Supreme Court
B) The High Court
C) The Sessions Judge
D) The District Magistrate
Q5. Evaluate the following statements regarding the withdrawal of cases by Judicial Magistrates:
Statement I: Any Chief Judicial Magistrate may withdraw any case from any Magistrate subordinate to him and try such case himself.
Statement II: A Judicial Magistrate may recall any case that he had previously made over to another Magistrate.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q6. Problem: A case is transferred from State "A" to State "B" by an order of the Supreme Court. Based on judicial interpretations cited in the Sanhita, which State has the authority to appoint the Public Prosecutor for the subsequent trial?
A) The transferor State (State "A")
B) The transferee State (State "B")
C) The Central Government exclusively
D) The Supreme Court directly appoints the Prosecutor
Q7. Regarding the withdrawal of proceedings by Executive Magistrates:
Statement I: A District Magistrate may withdraw any case from a subordinate Magistrate and dispose of the proceeding himself.
Statement II: A Sub-Divisional Magistrate has no power to withdraw or recall proceedings once they have been made over to a subordinate.
A) Only Statement I is correct
B) Only Statement II is correct
C) Both Statement I and II are correct
D) Neither Statement I nor II is correct
Q8. Logic Check: Under the BNSS, for which of the following orders is it mandatory for the Judge or Magistrate to record their reasons in writing?
A) Only for transfer orders made by the Supreme Court.
B) For transfer or withdrawal orders made by Sessions Judges and Magistrates.
C) Only for orders transferring a case from one State to another.
D) Reasons are never mandatory for administrative transfers.
Q9. Situation: An accused person applies for a transfer of his case under the apprehension that he will not receive a fair and impartial inquiry. According to judicial notes in the Sanhita, this apprehension must be:
A) Based on the personal likes or dislikes of the accused.
B) Absolute and proven beyond a reasonable doubt.
C) Reasonable and not based upon conjectures and surmises.
D) Confirmed by a report from the local police.
Q10. Consider the Supreme Court’s requirement for ordering a transfer:
Statement: The Supreme Court shall only act under this chapter if it is satisfied that an order is "expedient for the ends of justice."
A) True
B) False, it can act on the recommendation of the State Government alone
C) True, but only in cases involving the death penalty
D) False, the primary test is the convenience of the Public Prosecutor
Answer Key
Q1 – A (Statement II is false; SC transfers cases/appeals, not investigations)
Q2 – C
Q3 – C
Q4 – C
Q5 – C
Q6 – B
Q7 – A (Statement II is false; SDM also has this power)
Q8 – B
Q9 – C
Q10 – A
One-Line Revision Reckoner for Chapter XXXIII
This "Criminal Case Transfer Ready Reckoner" provides a quick and accurate guide to Chapter XXXIII (Sections 446–452) of the BNSS, 2023. This chapter establishes the hierarchy and grounds for moving criminal cases and appeals between different courts to ensure a fair trial and the ends of justice.
1. Supreme Court: Inter-State Transfers (Section 446)
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Primary Ground: Whenever an order is expedient for the ends of justice.
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Power: Can transfer a case or appeal:
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From one High Court to another High Court.
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From a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to a different High Court.
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Note: This power is restricted to cases and appeals and does not extend to the transfer of investigations.
2. High Court: Intra-State Transfers (Section 447)
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Grounds for Transfer:
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A fair and impartial inquiry or trial cannot be had in a subordinate court.
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A question of law of unusual difficulty is likely to arise.
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The order is required by the Sanhita, tends to the general convenience of parties/witnesses, or is expedient for the ends of justice.
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Possible Orders:
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Transfer to any other competent subordinate court.
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Commit the case for trial to a Court of Session.
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Withdrawal: The High Court may withdraw a case/appeal for trial before itself (following the procedure of a Court of Session).
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3. Sessions Judge: Internal Division Transfers (Sections 448–449)
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General Power (S. 448): Can transfer a case from one Criminal Court to another within the same sessions division if it is expedient for the ends of justice.
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Withdrawal from CJM (S. 449): Can withdraw any case or appeal from a subordinate Chief Judicial Magistrate (CJM).
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Withdrawal from Addl. Sessions Judge (S. 449): Can recall a case/appeal made over to an Additional Sessions Judge only if the trial or hearing has not yet commenced.
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Disposal: Once withdrawn/recalled, the Sessions Judge may try it himself or make it over to another competent court.
4. Judicial Magistrates: Withdrawal Powers (Section 450)
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Chief Judicial Magistrate: May withdraw any case from a subordinate Magistrate and either try it himself or refer it to another competent Magistrate.
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Judicial Magistrate: May recall any case he had previously made over to another Magistrate under Section 212(2) and try it himself.
5. Executive Magistrates: Administrative Transfers (Section 451)
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District Magistrate (DM) or Sub-Divisional Magistrate (SDM):
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Make Over: Can send any proceeding started before them to a subordinate Magistrate for disposal.
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Withdraw/Recall: Can withdraw any case from a subordinate Magistrate to dispose of it themselves or refer it elsewhere.
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6. The "Mandatory Reasons" Rule (Section 452)
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Requirement: It is legally mandatory for Sessions Judges, Chief Judicial Magistrates, and Executive Magistrates to record their reasons in writing for making any order of transfer or withdrawal under Sections 448 to 451.
Quick Revision Tip: "The Jurisdiction Rule"
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Between States? Go to the Supreme Court (S. 446).
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Between Districts in one State? Go to the High Court (S. 447).
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Between Courts in one District? Go to the Sessions Judge (S. 448).