Correct option is B
The correct answer is Section 474 of the Criminal Procedure Code (CrPC), 1973. This section specifically refers to the trial of cases before a High Court when it has original criminal jurisdiction. In contrast to subordinate courts, certain High Courts in India, like the High Court of Bombay, Calcutta, and Madras, have the authority to try cases directly under their original criminal jurisdiction.
Information Booster:
Section 474 of the Criminal Procedure Code, 1973, provides the legal basis for the trial of criminal cases before the High Court in its original criminal jurisdiction. Historically, a few High Courts in India have enjoyed this unique jurisdiction, which allows them to try certain cases directly, instead of reviewing appeals or revisions from lower courts. The existence of original criminal jurisdiction is a colonial legacy that is retained only in specific High Courts like Bombay, Madras, and Calcutta.
Key Points of Section 474:
· It primarily applies to High Courts with original jurisdiction over certain criminal matters.
· These cases often involve serious offenses that either occur within the High Court’s jurisdictional area or require the special expertise of the High Court to ensure a fair trial.
· The High Court may try the accused just like a Sessions Court would under the ordinary criminal trial process but within the specific ambit of its original jurisdiction.
Not all High Courts in India have this original criminal jurisdiction; this is limited to a few based on historical precedents. High Courts without original criminal jurisdiction primarily handle appellate, revisional, and constitutional matters concerning criminal cases, while subordinate courts handle trials.
Additional Knowledge:
Section 407 – Power of High Court to transfer cases and appeals: Section 407 of the CrPC gives the High Court the power to transfer cases or appeals from one criminal court to another. However, this section is not about the trial of cases in the High Court. Instead, it allows the High Court to order the transfer of cases if a fair and impartial trial seems difficult in the current court, or if such a transfer is considered necessary for the administration of justice. This transfer can be ordered either upon application by a party involved or by the court itself.
