CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
406. Power of Supreme Court to transfer cases and appeals
446. Power of Supreme Court to transfer cases and appeals
changed or removed in old law
changed or added in new law
Similar wording stays plain; only differences are highlighted.
CODE OF CRIMINAL PROCEDURE, 1973
406. Power of Supreme Court to transfer cases and appeals.—(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.
Legacy / repealed by BNSS India Code — CrPC 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
446. Power of Supreme Court to transfer cases and appeals.—(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 as it may consider
appropriate in the circumstances of the case.
Current law India Code — BNSS 2023