CODE OF CRIMINAL PROCEDURE, 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
408. Power of Sessions Judge to transfer cases and appeals
448. Power of Sessions Judge 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
408. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to a
Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that any
particular case be transferred from one Criminal Court to another Criminal Court in his sessions division.
(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party
interested, or on his own initiative.
(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 407 shall apply in relation to an
application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an application to the
High Court for an order under sub-section (1) of section 407, except that sub-section (7) of that section shall so
apply as if for the words “one thousand rupees” occurring therein, the words “two hundred and fifty rupees” were
substituted.
STATE AMENDMENT
Kerala
Amendment of section 408. —In section 408 of the principal Act, for the words “any other Magistrate”, the
words “other Magistrate of the first class”, and for the words “any Magistrate” the words “a Magistrate of the first
class”, shall be substituted.
[Vide Kerala Act 5 of 1957, s. 3.]
Legacy / repealed by BNSS India Code — CrPC 1973
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
448. Power of Sessions Judge to transfer cases and appeals.—(1) Whenever it is made to appear to
a Sessions Judge that an order under this sub-section is expedient for the ends of justice, he may order that
any particular case be transferred from one Criminal Court to another Criminal Court in his sessions
division.
(2) The Sessions Judge may act either on the report of the lower Court, or on the application of a party
interested, or on his own initiative.
(3) The provisions of sub-sections (3), (4), (5), (6), (7) and (9) of section 447 shall apply in relation to
an application to the Sessions Judge for an order under sub-section (1) as they apply in relation to an
application to the High Court for an order under sub-section (1) of section 447, except that sub-section (7)
of that section shall so apply as if for the word “sum” occurring therein, the words “sum not exceeding ten
thousand rupees” were substituted.
Current law India Code — BNSS 2023