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CHAPTER XXXI TRANSFER OF CRIMINAL CASES

Section 408: Power of Sessions Judge to transfer cases and appeals

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.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 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 (as printed in the official text)

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.]

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

408. Power of Sessions Judge to transfer cases and appeals.BNSS 448

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