Power of Sessions Judge to transfer cases and appeals
Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with power of Sessions Judge to transfer cases and appeals. 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. The Act came into force on 01 Jul 2024.
(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.
Section 448, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 408 Power of Sessions Judge to transfer cases and appeals Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Indian Music Industry vs State
Decided under Code of Criminal Procedure 408, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A transfer application under Section 408 of the Criminal Procedure Code, 1973, must be supported by an affidavit as mandated by Section 408(3) read with Section 407(3), and non-compliance with this mandatory requirement is fatal and renders the application not entertainable. Additionally, when a Sessions Judge exercises powers under Section 408 to transfer a case, he must record explicit reasons for such transfer as required by Section 412 of the CrPC, and mere reference to or reliance upon previous orders without independent reasoning does not satisfy this requirement.
On this section: Grants Sessions Judge power to withdraw or recall cases or appeals pending before subordinate courts; sub-section (3) makes provisions of Section 407(3), (4), (5), (6), (7), and (9) applicable to such applications
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 448
What have the courts held on Section 448 of the Bharatiya Nagarik Suraksha Sanhita?
Indian Music Industry vs State (07 Dec 2006) is the leading judgment on this section among those set out below, though it was decided under CRPC 408, which this section replaced -- the court never mentioned this Act: Grants Sessions Judge power to withdraw or recall cases or appeals pending before subordinate courts; sub-section (3) makes provisions of Section 407(3), (4), (5), (6), (7), and (9) applicable to such applications.
How do I find court cases under Section 448 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 448, section 448 BNSS, section 448 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 448 in crpc and 448 bnss act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Indian Music Industry vs State (07 Dec 2006).
What should I read with Section 448 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 447 (Power of High Court to transfer cases and appeals), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. It carries forward CrPC 408 (Power of Sessions Judge to transfer cases and appeals), so the judgments decided under that provision are the case law on this one.
When did Section 448 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 448 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 448, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.