(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.
Bharatiya Nagarik Suraksha Sanhita
Section 448
Power of Sessions Judge to transfer cases and appeals
⚡ Quick Answer Reference: Section 448 BNSS
- Provision: Section 448 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: TRANSFER OF CRIMINAL CASES
- Jurisdiction: India
- Summary: A Sessions Judge can transfer a case from one court to another in their sessions division if it's in the best interest of justice. This can be done based on a report from a lower court, an application from a party involved, or the Sessions Judge's own decision.
What does Section 448 of BNSS say?
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What does Section 448 of BNSS mean?
Plain English Explanation
A Sessions Judge can transfer a case from one court to another in their sessions division if it's in the best interest of justice. This can be done based on a report from a lower court, an application from a party involved, or the Sessions Judge's own decision.
Practical Interpretation
In real practice, a Sessions Judge may transfer a case if they believe it will lead to a fairer trial or if the original court is overwhelmed. This can be initiated by the lower court, a party involved, or the Sessions Judge themselves.
Core Legal Purpose
The core purpose of this section is to empower Sessions Judges to manage their caseload and ensure that cases are heard in a court that can provide a fair and efficient trial.
- •The Sessions Judge must believe that transferring the case is in the best interest of justice.
- •The Sessions Judge can initiate the transfer based on a report from a lower court, an application from a party involved, or their own decision.
- •The Sessions Judge must consider the provisions of sub-sections (3), (4), (5), (6), (7), and (9) of section 447 when making their decision.
- •The Sessions Judge cannot order a transfer if it would result in a cost exceeding 10,000 rupees.
Practical Example of Section 448 BNSS
Rajesh, a Sessions Judge, receives a report from a lower court that a particular case is taking too long to be heard due to the court's heavy workload. Rajesh decides to transfer the case to another court in their sessions division to ensure a fair and efficient trial. This is an example of how Section 448 of BNSS operates in everyday situations.
Frequently Asked Questions about Section 448 BNSS
Q: What is the punishment or consequence under Section 448 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to cases and appeals in criminal courts, which can involve both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section is a procedural provision and does not relate to criminal classification.
Common Questions about Section 448 BNSS
What is Section 448 of BNSS?
Section 448 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Power of Sessions Judge to transfer cases and appeals". In plain terms: A Sessions Judge can transfer a case from one court to another in their sessions division if it's in the best interest of justice. This can be done based on a report from a lower court, an application from a party involved, or the Sessions Judge's own decision.
What is the punishment under Section 448 of BNSS?
Section 448 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 448 of BNSS bailable or non-bailable?
Whether Section 448 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 448 of BNSS?
The essential elements of Section 448 of BNSS are: The Sessions Judge must believe that transferring the case is in the best interest of justice.; The Sessions Judge can initiate the transfer based on a report from a lower court, an application from a party involved, or their own decision.; The Sessions Judge must consider the provisions of sub-sections (3), (4), (5), (6), (7), and (9) of section 447 when making their decision..
Landmark Judgments under Section 448 BNSS
Patnahcucisdb94 High Court (10 8)
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 448
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