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In relation to transfer of criminal cases:
Question

In relation to transfer of criminal cases:

A.

All transfers must be done by the Supreme Court in consultation with the concerned State Government(s).

B.

A transfer within the state can be directed by the High Court and a transfer from one state to another can be directed by the Supreme Court.

C.

Both the High Court and Supreme Court can transfer cases.

D.

None of these.

Correct option is C

Under Section 446 and 447 of the Bharatiya Nyaya Sanhita (BNS), 2023, both the High Court and Supreme Court have the power to transfer criminal cases:

  • The High Court can transfer cases within its jurisdiction from one court to another to ensure justice.
  • The Supreme Court has the power to transfer cases from one state to another if it is necessary for justice, public order, or fair trial.
    Option (a) is incorrect as consultation with the State Government is not mandatory. Option (b) explains a part of the law but does not acknowledge that both courts can transfer cases. Hence, the correct answer is (c).

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