Question

Which of the following sections of the Code of Criminal Procedure, 1973, deals with the power of the High Court to transfer cases?

• A. Section 406
• B. Section 407
• C. Section 408
• D. Section 409

Hint:

Remember the transfer hierarchy in CrPC: \[\begin{array}{rl} \bullet & \text{**Supreme Court (S.406):** Inter-State transfers.} \\ \bullet & \text{**High Court (S.407):** Intra-State transfers (between districts).} \\ \bullet & \text{**Sessions Judge (S.408):** Intra-District transfers.} \\ \end{array}\]

Answer 1

The Correct Option is B

The power to transfer criminal cases is distributed among different courts based on their hierarchy. Section 407 of the CrPC specifically grants the "Power of High Court to transfer cases and appeals." A High Court can order the transfer of a case from one criminal court to another within its jurisdiction if it is expedient for the ends of justice, for instance, to ensure a fair and impartial inquiry or trial. This is distinct from: \[\begin{array}{rl} \bullet & \text{**Section 406:** Supreme Court's power to transfer cases between states.} \\ \bullet & \text{**Section 408:** Session Judge's power to transfer cases within their sessions division.} \\ \end{array}\]