Power of Sessions Judge to transfer cases and appeals
Section 408 of the Code of Criminal Procedure, 1973 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 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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 subsection (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.
Section 408, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 448 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 The repealed enactment still governs what happened while it was in force.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.
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Indian Music Industry vs State
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… Court. [9] The learned Additional Session Judge has further ordered transfer of the case from the file of Court No.7 to the Court of the CJM on the ground that the Judge holding the post of Judicial Magistrate in Court No.7 does not have power of the First Class Magistrate. In this behalf reference be made to section 408 of the Code of Criminal Procedure which empowers the Sessions Judge to transfer cases on appeal. However, this power should normally be exercised on the application of a party interested in the case. [10] In the present case nobody had filed a transfer application before the Court. A transfer application has …
Questions about Section 408
What have the courts held on Section 408 of the Code of Criminal Procedure?
Indian Music Industry vs State (07 Dec 2006) is the leading judgment on this section among those set out below: 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 408 of the Code of Criminal Procedure?
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: CRPC 408, section 408 CRPC, section 408 of the Code of Criminal Procedure. 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 408 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 407 (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. For anything done on or after 1 July 2024 the provision to read is BNSS 448 (Power of Sessions Judge to transfer cases and appeals), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 408 of the Code of Criminal Procedure come into force?
Section 408 of the Code of Criminal Procedure, cited as CRPC 408, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.