Section 448 BNSS: Power of Sessions Judge to transfer cases and appeals (Formerly Section 408 CrPC)

Section 448 of Bharatiya Nagarik Suraksha Sanhita, 2023: Power of Sessions Judge to transfer cases and appeals

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 448

Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 408 of the CrPC, 1973) empowers the Sessions Judge to transfer criminal cases and appeals from one criminal court to another within the same Sessions division.

Sessions Division Transfer Power: Whenever it is made to appear to a Sessions Judge that an order under this section is expedient for the ends of justice, they may order that any particular case be transferred from one Criminal Court to another Criminal Court in their sessions division.
Suo Motu or on Application: The Sessions Judge may act either on the report of the lower Court, or on the application of a party interested, or on their own initiative.
Expeditious Local Remedy: Provides an accessible, cost-effective forum for transferring matters between Magistrates in the same district without approaching the High Court.

Key Landmark Precedents:

Radhey Shyam v. State of U.P., 1984 Cri LJ 1365: The High Court held that the Sessions Judge has comprehensive administrative and judicial authority to transfer cases between courts within the division to balance caseloads or eliminate bias.
Abdul Nazar Madani v. State of T.N., (2000) 6 SCC 204: Reaffirmed that the primary criterion under Section 408 CrPC is whether transfer is expedient for the ends of justice.

Courtroom Practice & Strategic Litigation Guidance:

When seeking transfer of cross-cases or counter-cases arising from the same incident to a single Magistrate to avoid conflicting verdicts, file an application under Section 448 before the Sessions Judge.