TRANSFER OF CASES

TRANSFER OF CASES

• Ä  What are the powers of High Court to transfer cases from one criminal court to another?
• Ä  On what grounds High Court can transfer any criminal case from its subordinate court to another court.

INTRODUCTION

RELEVANT PROVISIONS

Following are the relevant provisions;

Section 526 Cr.P.C

Cross Reference

Sections 527 and 528

TYPES OF TRANSFER OF CRIMINAL CASES

A criminal case may be transferred by the following authorities;

i-                    High Court under section 526

ii-                  Provincial Government under section 527

iii-                Session Judge under section 528

TRANSFER OF CRIMINAL CASE BY HIGH COURT UNDER SECTION 526

OBJECTS OF SECTION 526

Section 526 has two-fold objects;

i-                    To provide convenience to the parties and witnesses.

ii-                  To ensure that justice should be done beyond all doubts. 

MODES OF TRANSFER

I-                    APPLICATION BY PARTY INTERESTED

II-                  APPLICATION BY LOWER COURT

III-                SUO MOTU ORDER

GROUNDS FOR TRANSFER OF CASES UNDER SECTION 526

I-                    FAIR AND IMPARTIAL TRIAL NOT POSSIBLE

II-                  UNUSUAL DIFFICULTY IN QUESTION OF LAW

III-                WHERE SCENE OF OFFENCE IS NECESSARY

IV-               GENERAL CONVENIENCE TO PARTIES

V-                 EXPEDIENT IN THE ENDS OF JUSTICE

ORDER PASSED BY HIGH COURT UNDER SECTION 526

EXCEPTION TO SECTION 526

CONCLUSION