(1) Whenever it is made to appear to the Supreme Court that an order under this section is expedient for the ends of justice, it may direct that any particular case or appeal be transferred from one High Court to another High Court or from a Criminal Court subordinate to one High Court to another Criminal Court of equal or superior jurisdiction subordinate to another High Court. (2) The Supreme Court may act under this section only on the application of the Attorney-General of India or of a party interested, and every such application shall be made by motion, which shall, except when the applicant is the Attorney-General of India or the Advocate-General of the State, be supported by affidavit or affirmation. (3) Where any application for the exercise of the powers conferred by this section is dismissed, the Supreme Court may, if it is of opinion that the application was frivolous or vexatious, order the applicant to pay by way of compensation to any person who has opposed the application such sum as it may consider appropriate in the circumstances of the case.
Bharatiya Nagarik Suraksha Sanhita
Section 446
Power of Supreme Court to transfer cases and appeals
⚡ Quick Answer Reference: Section 446 BNSS
- Provision: Section 446 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRANSFER OF CRIMINAL CASES
- Jurisdiction: India
- Summary: The Supreme Court can transfer cases or appeals from one High Court to another or from a lower court to a higher court if it's necessary for justice.
What does Section 446 of BNSS say?
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What does Section 446 of BNSS mean?
Plain English Explanation
The Supreme Court can transfer cases or appeals from one High Court to another or from a lower court to a higher court if it's necessary for justice.
Practical Interpretation
This section allows for the transfer of cases to ensure a fair trial, and the application can be made by the Attorney-General or a party interested, with the Supreme Court having the discretion to grant or dismiss the application.
Core Legal Purpose
The core purpose is to enable the Supreme Court to intervene and ensure that justice is served by transferring cases to appropriate courts, thereby preventing miscarriages of justice.
- •The application must be made to the Supreme Court, showing that the transfer is expedient for the ends of justice.
- •The application can only be made by the Attorney-General of India or a party interested, with the applicant required to support the motion with an affidavit or affirmation, except when the applicant is the Attorney-General or the Advocate-General.
- •The key legal test is whether the transfer is 'expedient for the ends of justice', indicating that the Supreme Court must be satisfied that the transfer is necessary to achieve a just outcome.
- •A key limitation is that the Supreme Court may order the applicant to pay compensation if the application is deemed frivolous or vexatious.
Practical Example of Section 446 BNSS
Rajesh, a defendant in a criminal case in the Mumbai High Court, applies to the Supreme Court to transfer his case to the Delhi High Court, citing bias in the Mumbai court. The Supreme Court, after considering the application and the affidavit in support, may direct the transfer if it appears that the ends of justice would be met by doing so. If the application is dismissed and found to be frivolous, Rajesh may be ordered to pay compensation to the opposing party.
Frequently Asked Questions about Section 446 BNSS
Q: What is the punishment or consequence under Section 446 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. However, the Supreme Court may order the applicant to pay compensation if the application is deemed frivolous or vexatious.
Q: Does this section apply to private individuals or public entities?
This section applies to parties interested in a case, which may include private individuals or public entities, but the application must be made through the Attorney-General of India or the Advocate-General of the State, or by motion supported by affidavit or affirmation.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural/definitional provision and does not deal with criminal offences, therefore it does not classify an offence as bailable or cognizable.
Common Questions about Section 446 BNSS
What is Section 446 of BNSS?
Section 446 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of Supreme Court to transfer cases and appeals". In plain terms: The Supreme Court can transfer cases or appeals from one High Court to another or from a lower court to a higher court if it's necessary for justice.
What is the punishment under Section 446 of BNSS?
Section 446 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 446 of BNSS bailable or non-bailable?
Whether Section 446 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 446 of BNSS?
The essential elements of Section 446 of BNSS are: The application must be made to the Supreme Court, showing that the transfer is expedient for the ends of justice.; The application can only be made by the Attorney-General of India or a party interested, with the applicant required to support the motion with an affidavit or affirmation, except when the applicant is the Attorney-General or the Advocate-General.; The key legal test is whether the transfer is 'expedient for the ends of justice', indicating that the Supreme Court must be satisfied that the transfer is necessary to achieve a just outcome..
Landmark Judgments under Section 446 BNSS
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Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 446
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