Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 446
Power of Supreme Court to transfer cases and appeals
In one line
BNSS Section 446 deals with power of supreme court to transfer cases and appeals and replaces CrPC 406.
Bare act text — BNSS 446
446. Power of Supreme Court to transfer cases and appeals.
(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.
What changed from the CrPC
- CrPC 406 → BNSS 446: "not exceeding one thousand rupees" is excluded.
Frequently asked
What was BNSS Section 446 in the CrPC?
BNSS Section 446 (Power of Supreme Court to transfer cases and appeals) replaces Section 406 of the Code of Criminal Procedure, 1973. CrPC 406 is now BNSS 446.
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Nearby BNSS sections
- BNSS 441 — Power of Additional Sessions Judge
- BNSS 442 — High Court's powers of revision
- BNSS 443 — Power of High Court to withdraw or transfer revision cases
- BNSS 444 — Option of Court to hear parties
- BNSS 445 — High Court's order to be certified to lower Court
- BNSS 447 — Power of High Court to transfer cases and appeals
- BNSS 448 — Power of Sessions Judge to transfer cases and appeals
- BNSS 449 — Withdrawal of cases and appeals by Sessions Judges
- BNSS 450 — Withdrawal of cases by Judicial Magistrates
- BNSS 451 — Making over or withdrawal of cases by Executive Magistrates